1932

LAWS OF MARYLAND

Ch. 240

Administrative Procedure Act is new language
added to clarify that the Department may
summarily take action against the licensee or
registrant under certain circumstances. See
Article 41, § 250A(c) of the Code.

The reference in subsection (b) of this section
to the Administrative Procedure Act is new
language added to this and, where necessary,
corresponding sections of other subtitles of this
article. It demonstrates clearly the intended
application of the Administrative Procedure Act,
Article 41, § 244 et seq. of the Code, to
administrative hearings under this section.

Subsection (c) of this section includes only
those provisions that appear to add to the
provisions of the Administrative Procedure Act.
Thus, the third sentence of former Article 43, §
168, which included the language "present such
evidence to the Department as he deems fit",
"after hearing all the testimony", and "the
Department shall decide the question in such a
manner as to it appears just and right", is
deleted as essentially repetitious of rights
already provided in the Administrative Procedure
Act.

4-325. JUDICIAL REVIEW.

(A)  IN GENERAL.

ANY LICENSEE OR REGISTRANT AGGRIEVED BY A FINAL
DECISION OF THE DEPARTMENT UNDER § 4-323 OF THIS SUBTITLE
MAY TAKE A JUDICIAL APPEAL.

(B)  APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.

THE APPEAL SHALL BE MADE IN ACCORDANCE WITH THIS
SECTION AND THE PROVISIONS FOR JUDICIAL REVIEW OF FINAL
DECISIONS IN CONTESTED CASES IN THE ADMINISTRATIVE PROCEDURE
ACT.

(C)  EFFECT OF JUDICIAL REVIEW.

THE DECISION OF THE CIRCUIT COURT ON AN APPEAL BROUGHT
UNDER THIS SECTION IS FINAL AND MAY NOT BE APPEALED.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 169.

The former reference to appealing an adverse
decision by writ of certiorari to certain circuit
courts and to the Baltimore City Court is deleted