HARRY HUGHES, Governor
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Administrative Procedure Act, which provides a
right of judicial review of any "final decision"
of an agency in a "contested case". A situation
is a contested case if a party has a right to a
hearing (see the Administrative Procedure Act
definition of "contested case" in Art. 41, § 244
of the Code).
As to the application of this section, the Board
of Review has general jurisdiction over final
decisions of the Board under this subtitle.
Therefore, for some actions, a decision of the
Board of Review is a prerequisite to judicial
review. Subsection (a) of this section reflects
that general procedure. The Board of Review,
however, does not have jurisdiction over any
disciplinary action taken by the Board.
Consequently, subsection (b) of this section
expressly provides for direct judicial review for
persons aggrieved under § 18-310 of this
subtitle.
The new language substituted in this section
better coordinates the combined requirements of
the Administrative Procedure Act and the laws
regarding the Board of Review. These provisions
apply in any event. No substantive change is
intended.
18-313. REINSTATEMENT OF SUSPENDED OR REVOKED LICENSES.
IF A LICENSE HAS BEEN SUSPENDED OR REVOKED UNDER §
18-310 OF THIS SUBTITLE, THE BOARD MAY REINSTATE THAT
LICENSE ON THE AFFIRMATIVE VOTE OF A MAJORITY OF THE FULL
AUTHORIZED MEMBERSHIP OF THE BOARD.
REVISOR'S NOTE: This section is new language derived
without substantive change from the first
sentence of Art. 43, § 869(c).
The reference to "suspension" is new language
added to state explicitly the lesser included
power of shortening a suspension.
The phrase "full authorized membership of the
Board" is substituted for the phrase "a majority
of the entire Board" for clarity.
As to the current "full authorized membership of
the Board", see § 18-202(a)(1) of this title.
SUBTITLE 4. PROHIBITED ACTS; PENALTIES.
18-401. PRACTICING WITHOUT LICENSE.
EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, A PERSON
MAY NOT PRACTICE, ATTEMPT TO PRACTICE, OR OFFER TO PRACTICE
SOCIAL WORK IN THIS STATE UNLESS LICENSED BY THE BOARD.
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