HARRY HUGHES, Governor

343

Subsection (b) of this section is standard
language added to meet fundamental requirements
of fairness and to conform to Administration
practice. The introductory language, "{e}xcept
as otherwise provided in the Administrative
Procedure Act," clarifies that the Administration
may take action summarily against a person under
certain circumstances. See Article 41, § 250A(c)
of the Code.

In subsection (a) of this section, the phrase
"deny a license to any applicant" is substituted
for "refuse to issue licenses to facilities", for
clarity.

Defined terms: "Administration" § 7-101
"License" § 7-401

7-411. ADMINISTRATIVE AND JUDICIAL REVIEW.

ANY PERSON AGGRIEVED BY A FINAL DECISION OF THE
DIRECTOR IN A CONTESTED CASE, AS DEFINED IN THE
ADMINISTRATIVE PROCEDURE ACT, MAY:

(1)  APPEAL THAT DECISION TO THE BOARD OF REVIEW
OF THE DEPARTMENT; AND

(2)  TAKE ANY FURTHER APPEAL ALLOWED BY THE
ADMINISTRATIVE PROCEDURE ACT TO THE CIRCUIT COURT FOR THE
COUNTY WHERE THE PRIVATE FACILITY IS LOCATED OR PLANNED.

REVISOR'S NOTE: This section is new language derived
without substantive change from the first,
second, and fourth sentences of former Article
59A, § 22(b).

In the introductory clause of this section,
reference to a "contested case" is substituted
for specific references to actions "of the
Director, to conform to the Administrative
Procedure Act, which provides a right of judicial
review of an agency decision in a "contested
case".

In item (2) of this section, the former reference
to the "Baltimore City Court" is deleted as
unnecessary.

The third sentence of former Article 59A, §
22(b), which provided for appeals to the Court of
Special Appeals, is deleted as unnecessary
because the Administrative Procedure Act provides
for these appeals.

Defined terms: "County" § 1-101