HARRY HUGHES, Governor

747

EXCEPT AS PROVIDED IN THIS SECTION FOR AN ACTION UNDER
§ 19-313 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 § 19-313.

(1)  ANY PERSON AGGRIEVED BY A FINAL DECISION OF
THE BOARD UNDER § 19-313 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, § 807, 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
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 § 19-313 of this
subtitle.

The new language substituted in this section
better coordinates the combined requirements of