90

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 the
procedures for the administrative hearings under
this section.

As to the power of the Board to issue subpoenas,
administer oaths, and examine witnesses, see §
2-312(a)(2) of this subtitle.

2-315. ADMINISTRATIVE AND JUDICIAL REVIEW.

(A) IN GENERAL.

EXCEPT AS PROVIDED IN THIS SECTION FOR AN ACTION UNDER
§ 2-313 OF THIS TITLE, ANY PERSON AGGRIEVED BY A FINAL
DECISION OF THE BOARD IN A CONTESTED CASE, AS DEFINED IN THE
ADMINISTRATIVE PROCEDURE ACT, MAY:

AND

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

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

THE

(B) AN ACTION UNDER § 2-313.

(1)  ANY PERSON AGGRIEVED BY A FINAL DECISION OF
THE BOARD UNDER § 2-313 OF THIS TITLE 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).