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LAWS OF MARYLAND

Ch.8

The reference in subsection (b) of this section
to the Administrative Procedure Act is standard
language added to this and, where necessary,
corresponding sections of other titles of this
article. It demonstrates clearly the intended
application of the Administrative Procedure Act,
Art. 41, § 244 et seq. of the Code, to
administrative hearings under this section. The
present statement that the hearing be held "on
due notice" is deleted as unnecessary in light of
the broader Administrative Procedure Act
provisions in Art. 41, § 25.1 of the Code.

As to the issuance of subpoenas and
administration of oaths for the conduct of a
hearing, see Art. 43, § 3 of the Code, which
gives these powers to the Secretary or to anyone
the Secretary designates.

18-312. ADMINISTRATIVE AND JUDICIAL REVIEW.

(A)  IN GENERAL.

EXCEPT AS PROVIDED IN THIS SECTION FOR AN ACTION UNDER
§ 18-310 OF THIS SUBTITLE, ANY PERSON AGGRIEVED BY A FINAL
DECISION OF THE BOARD IN A CONTESTED CASE, AS DEFINED IN THE
ADMINISTRATIVE PROCEDURE ACT, MAY:

(1)  APPEAL THAT DECISION TO THE BOARD OF REVIEW;

AND

(2)  THEN TAKE ANY FURTHER APPEAL ALLOWED BY THE
ADMINISTRATIVE PROCEDURE ACT.

(B)  AN ACTION UNDER § 18-310.

(1)  ANY PERSON AGGRIEVED BY A FINAL DECISION OF
THE BOARD UNDER § 18-310 OF THIS SUBTITLE MAY NOT APPEAL TO
THE BOARD OF REVIEW BUT MAY TAKE A DIRECT JUDICIAL APPEAL.

(2)  THE APPEAL SHALL BE MADE AS PROVIDED FOR
JUDICIAL REVIEW OF FINAL DECISIONS IN THE ADMINISTRATIVE
PROCEDURE ACT.

REVISOR'S NOTE: This section, which is substituted for
the second sentence of Art. 43, § 869(b), is
standard language used throughout this article to
provide for administrative and judicial review.
The new language is based on the combined
requirements of the Administrative Procedure Act
and of the provisions regarding the Board of
Review.

The introductory language of subsection (a) and
the introductory phrase of subsection (b)(1) of
this section conform to the language of the