172

LAWS OF MARYLAND

Ch. 21

Defined terms: "Board" § 2-201
"Department" § 1-101 "Secretary" § 1-101

(B)  ACTING INSTEAD OF ADVISORY BOARD.

IF AN ADVISORY BOARD FOR THE DEPARTMENT IS NOT CREATED,
THE BOARD SHALL ADVISE THE SECRETARY ON ALL MATTERS
AFFECTING THE DEPARTMENT THAT THE SECRETARY SUBMITS TO THE
BOARD FOR ITS CONSIDERATION.

REVISOR'S NOTE: This subsection formerly appeared as
the second sentence of Article 41, § 206A(b).

The only changes are in style.

As to the referenced advisory board, see §
2-104(c) of this title.

Defined terms: "Board" § 2-201
"Department" § 1-101 "Secretary" § 1-101

(C)  APPEALS TO BE HEARD AND DETERMINED BY BOARD.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, THE BOARD SHALL
HEAR AND DETERMINE ANY APPEAL FROM:

(1)  A DECISION OF THE SECRETARY OR ANY UNIT IN
THE DEPARTMENT IN A CONTESTED CASE THAT IS SUBJECT TO
JUDICIAL REVIEW UNDER ARTICLE 41, § 255 OF THE CODE;

(2)  A DECISION OF THE SECRETARY OR ANY UNIT IN
THE DEPARTMENT THAT IS SUBJECT TO JUDICIAL REVIEW UNDER ANY
PROVISION OF LAW OTHER THAN ARTICLE 41, §§ 249 AND 255 OF
THE CODE; AND

(3)  AN ACTION OF OR INACTION BY ANY UNIT IN THE
DEPARTMENT FOR WHICH THE SECRETARY, BY RULE OR REGULATION,
PROVIDES FOR REVIEW BY THE BOARD.

REVISOR'S NOTE: This subsection formerly appeared as
the first and third sentences of Article 41, §
206A(c)(l).

In item (1) of this subsection, the reference "in
a contested case" is added for clarity.
Similarly, in item (2) of this subsection, the
reference "other than Article 41, §§ 249 ... of
the Code" is added to clarify the former, broad
reference to "any other provisions of law".
These additions are based on 57 Op. Att'y Gen.
290 (1972), in which then Attorney General Burch
opined that the Board has jurisdiction under the
provisions of the Administrative Procedure Act,
only in a contested case and not under Article
41, § 249 of the Code, which permits judicial