2508

LAWS OF MARYLAND

Ch. 247

members appointed from the general public by the Governor
with the advice and consent of the Senate of Maryland and
shall hold office for terms of three years. The members
shall hold office for a term of one, two, and three years,
respectively, to be designated by the Governor. After the
first appointment, the Governor shall annually appoint a
member of the Board in the place of the member whose term
shall expire. Members of the Board shall be eligible for
reappointment. In case of any vacancy in the Board, the
Governor shall fill the vacancy by the appointment of a
member to serve until the expiration of the term for which
the person had been appointed. Each member of the Board
shall receive per diem compensation as provided in the
budget for each day actually engaged in the discharge of his
official duties as well as reimbursement, in accordance with
standard travel regulations, for all necessary and proper
expenses, (ii) Any person whose application for a permit or
renewal of a permit has been rejected or whose permit has
been revoked or limited may request the Board to review the
decision of the Superintendent by filing a written request
for review with the Board within ten days after receipt of
written notice of the Superintendent's FINAL action. The
Board shall, WITHIN 90 DAYS AFTER RECEIPT OF THE REQUEST,
either [sustain, reverse, or modify the decision of the
Superintendent upon a] review [of] the record DEVELOPED BY
THE SUPERINTENDENT, or conduct a hearing [within thirty days
after receipt of the request]. IN CONDUCTING ITS REVIEW OF
THE DECISION OF THE SUPERINTENDENT, THE BOARD MAY RECEIVE
AND CONSIDER ANY ADDITIONAL EVIDENCE SUBMITTED BY ANY PARTY.
BASED UPON ITS CONSIDERATION OF THE RECORD, AND ANY
ADDITIONAL EVIDENCE, THE BOARD SHALL EITHER SUSTAIN, REVERSE
OR MODIFY THE DECISION OF THE SUPERINTENDENT. If the action
taken by the Board results in the rejection of an
application for a permit or renewal of a permit or the
revocation or limitation of a permit, the Board shall submit
in writing to that person the reasons for the action taken
by the Board. (iii) Any hearing and any subsequent
proceedings of judicial review shall be conducted in
accordance with the provisions of the Administrative
Procedure Act; provided, however, that no court of this
State shall order the issuance or renewal of a permit or
alter any limitations on a permit pending final
determination of the proceeding. (iv) Any person whose
application for a permit or renewal of a permit has not been
acted upon by the Superintendent within 90 days after the
application was submitted, may request the Board for a
hearing by filing a written request for such a hearing with
the Board.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1982.

Approved May 20, 1982.