176

LAWS OF MARYLAND

Ch. 21

in a contested case, because of procedural
requirements for contested cases such as Article
41, § 254 of the Code. This addition also
eliminates possible unfairness that might arise
if the decision maker went outside the record to
reexamine a contested case decision, as
subsections (b) and (c) of this section otherwise
would appear to require. Express statement that
subsections (b) and (c) of this section do not
apply to parties aggrieved by decisions in
contested cases also conforms to agency practice.

Subsection (g)(2) of this section is new language
added to conform to similar provisions elsewhere
in this article for compelling obedience to
agency subpoenas and orders. In light of this
addition, the inaccurate reference to the
chairman or acting chairman compelling the
"attendance of witnesses" is deleted.

The third sentence of subsection (c) of this
section is substituted for "{r}eceipt of such
complaint shall be promptly acknowledged in
writing and a copy transmitted to the Secretary
of Health and Mental Hygiene." This is done to
remove any ambiguity as to which papers are to be
sent to the Secretary and to conform to TR §
2-506(c).

In subsection (f)(1) of this section, the
reference to "procedural rules and regulations"
is substituted for the reference to "procedures",
to reflect that Article 41, § 245(a) of the Code
requires adoption of these procedures as rules.
See also § 2-104(b) of this subtitle, which
enables the Secretary to review the rules and
regulations of the Board.

Subsection (g)(1) of this section is revised to
provide expressly for the production of evidence
"{a}s to any issue for which the taking of
evidence is authorized". While the power to take
evidence is implicit in the power to issue
subpoenas, this addition reflects that the scope
of evidence may be limited. See, 62 Op. Att'y
Gen. 628 (1977), which discussed the extent to
which new evidence may be considered.

As to use of the term "unit", see revisor's note
to § 2-103(d) of this title.

As to the referenced Administrative Procedure
Act, see Article 41, § 244 et seq. of the Code.

Defined terms: "Board" § 2-201