2006

LAWS OF MARYLAND

Ch. 240

In subsection (a) of this section, the
introductory language referencing the
Administrative Procedure Act is new language
added to clarify that the Secretary may take
summary action against the licensee 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.

Subsection (c) of this section includes only the
provision that appears to add to the provisions
of the Administrative Procedure Act. Thus the
fourth sentence in former Article 43, § 221,
which included references to the right to
"present such evidence to the State Board of
Health as he deems fit", to action "after hearing
all the testimony", and to the duty of the
Secretary to decide the question in such a manner
as appears just and right, is deleted as
essentially repetitious of rights already
provided in the Administrative Procedure Act.

4-716. JUDICIAL REVIEW.

(A)  RIGHT TO APPEAL.

ANY PERSON AGGRIEVED BY A FINAL DECISION OF THE
SECRETARY IN DENYING OR REVOKING A LICENSE MAY NOT APPEAL TO
THE BOARD OF REVIEW BUT MAY TAKE A DIRECT JUDICIAL APPEAL.

(B)  APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.

THE APPEAL SHALL BE MADE AS PROVIDED FOR JUDICIAL
REVIEW OF FINAL DECISIONS IN THE ADMINISTRATIVE PROCEDURE
ACT.

(C)  FURTHER APPEAL.

EITHER PARTY MAY APPEAL THE DECISION OF THE CIRCUIT
COURT TO THE COURT OF SPECIAL APPEALS.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 222.

In subsection (a) of this section, "denying" is
substituted for "failing to issue" for clarity.

In subsection (b) of this section, the former