HARRY HUGHES, Governor

1823

2-607. SAME -- JUDICIAL REVIEW.

(A)  RIGHT TO APPEAL.

(1)  ANY PERSON AGGRIEVED BY A FINAL DECISION OF
THE SECRETARY OR THE DESIGNATED HEARING OFFICER IN
CONNECTION WITH A SHOW CAUSE ORDER, A CORRECTIVE ORDER, OR
ANY OTHER FINAL ORDER ISSUED UNDER 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.

(B)   STAY OF ORDER.

AN APPEAL UNDER THIS SECTION DOES NOT STAY
AUTOMATICALLY THE ORDER FROM WHICH THE APPEAL IS TAKEN.

REVISOR'S NOTE: This section is new language derived
without substantive change from the fourth
through seventh sentences of former Article 43, §
698(c).

The eighth sentence of former Article 43, §
698(c), which referred to the test a court should
use to determine whether a stay should be
granted, is deleted as unnecessary in light of
the traditional judicial tests for a stay and
Rule B6 of the Maryland Rules of Procedure. This
deletion is called to the attention of the
General Assembly.

2-608. DEPARTMENT TO SECURE COMPLIANCE.

(A)  ACTION REQUIRED WITHIN 1 YEAR.

WITHIN 1 YEAR AFTER THE DEPARTMENT ISSUES A SHOW CAUSE
ORDER OR A CORRECTIVE ORDER, THE DEPARTMENT SHALL TAKE FINAL
ACTION AND ATTEMPT TO SECURE COMPLIANCE WITH ANY FINAL
ORDER. IF THE DEPARTMENT HAS NOT SECURED COMPLIANCE WITHIN
THIS PERIOD, THE DEPARTMENT SHALL TAKE IMMEDIATE STEPS TO
SEEK ENFORCEMENT UNDER § 2-609 OF THIS SUBTITLE.

(B)  ACTION PERMITTED WITHIN 1 YEAR.

NOTHING IN THIS SECTION PROHIBITS THE DEPARTMENT FROM
BRINGING AN ACTION UNDER § 2-609 OF THIS SUBTITLE WITHIN 1
YEAR AFTER THE DEPARTMENT ISSUES A SHOW CAUSE ORDER OR A
CORRECTIVE ORDER UNDER THIS SUBTITLE.

REVISOR'S NOTE: This section is     new language derived

without substantive change   from the first through

the third sentences of     former Article 43, §
698(e).