HARRY HUGHES, Governor

175

(F)  REVIEW PROCEDURES; BOARD DECISION IS FINAL AGENCY
DECISION.

(1)  THE BOARD SHALL ADOPT PROCEDURAL RULES AND
REGULATIONS AS PROVIDED IN THE ADMINISTRATIVE PROCEDURE ACT
AND IN ALL RESPECTS SHALL BE GOVERNED BY THAT ACT. AT LEAST
3 MEMBERS SHALL SIT AT EACH HEARING OF THE BOARD WHEN IT
SITS AS A BOARD OF APPEAL. DECISIONS SHALL BE BY A MAJORITY
OF THE MEMBERS SITTING, SHALL BE IN WRITING, AND SHALL STATE
THE BOARD'S REASONS. THE BOARD SHALL KEEP MINUTES OF ITS
PROCEEDINGS.

(2)  A DECISION OF THE BOARD IS A FINAL AGENCY
DECISION FOR PURPOSES OF JUDICIAL REVIEW UNDER THE
ADMINISTRATIVE PROCEDURE ACT OR ANY OTHER LAW THAT PERMITS
AN APPEAL TO THE COURTS FROM A DECISION OF A UNIT IN THE
DEPARTMENT.

(G)  OATHS AND WITNESSES.

(1)  AS TO ANY ISSUE FOR WHICH THE TAKING OF
EVIDENCE IS AUTHORIZED, THE CHAIRMAN OR THE ACTING CHAIRMAN
MAY ADMINISTER OATHS AND ISSUE SUBPOENAS AND ORDERS FOR THE
ATTENDANCE OF WITNESSES AND THE PRODUCTION OF EVIDENCE.

(2)  IF A PERSON FAILS TO COMPLY WITH A LAWFUL
ORDER OR SUBPOENA ISSUED UNDER THIS SUBSECTION, ON THE
PETITION OF THE CHAIRMAN OR ACTING CHAIRMAN, A COURT OF
COMPETENT JURISDICTION MAY COMPEL OBEDIENCE TO THE ORDER OR
SUBPOENA OR COMPEL TESTIMONY OR THE PRODUCTION OF EVIDENCE.

(H) JUDICIAL REVIEW.

UNLESS THERE IS A SPECIAL PROVISION OF LAW GOVERNING AN
APPEAL OF A DECISION OF A PARTICULAR UNIT, EACH APPEAL FROM
A DECISION OF THE BOARD SHALL BE GOVERNED BY THE
ADMINISTRATIVE PROCEDURE ACT.

REVISOR'S NOTE: Subsections (a) through (e)(1), (f),
(g)(1), and (h) of this section are new language
derived without substantive change from former
Article 41, § 206B.

Subsection (e)(2) of this section is new language
added as a cross-reference to Article 41, § 253
of the Code, which enables a party aggrieved by a
proposed decision in a contested case to obtain
review of the decision if the hearing in the case
is not conducted by a majority of the officials
who are to render the final decision. Subsection
(e)(2) of this section also expressly recognizes
that the notice and complaint requirements of
subsections (b) and (c) of this section do not
apply properly to a party aggrieved by a decision