HARRY HUGHES, Governor
1993
THE SECRETARY SHALL SEND THE HEARING NOTICE TO THE
LICENSEE BY REGISTERED MAIL.
(D) WHEN DECISION REQUIRED; NOTICE TO APPLICANT OR
LICENSEE.
(1) WITHIN 15 DAYS AFTER THE HEARING REQUIRED
UNDER THIS SUBTITLE, THE SECRETARY SHALL DECIDE THE ISSUE.
(2) THE SECRETARY IMMEDIATELY SHALL NOTIFY THE
APPLICANT OR LICENSEE OF THE DECISION.
REVISOR'S NOTE: This section is new language derived
without substantive change from the first
sentence -- as that sentence related to notice --
and the second and third sentences of former
Article 43, § 207.
In subsection (a) of this section, the
introductory reference to the Administrative
Procedure Act is new language added to clarify
that the Board may take summary action against an
individual 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 standard
language added to this and, where necessary,
corresponding sections of other titles of this
article. It demonstrates clearly the intended
application of the Administrative Procedure Act.
Subsections (c) and (d) of this subsection
include only those former provisions that appear
to add to the provisions of the Administrative
Procedure Act. Thus, the former references to
"the Board shall have given written notice",
"present such evidence to the said Board as he
deems fit", and "the Board shall decide ... the
question in such a manner as to it appears just
and right" are deleted as essentially repetitious
of rights already provided in the Administrative
Procedure Act.
4-614. JUDICIAL REVIEW.
(A) RIGHT TO APPEAL.
ANY PERSON AGGRIEVED BY A FINAL DECISION OF THE
SECRETARY UNDER § 4-613 OF THIS SUBTITLE MAY TAKE A JUDICIAL
APPEAL.
(B) APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.
THE APPEAL SHALL BE MADE AS PROVIDED FOR JUDICIAL
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