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Session Laws, 1982
Volume 742, Page 358   View pdf image
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358                                      LAWS OF MARYLAND                                Ch. 21

of all of the provisions of this section"
i.e., former Article 59A, § 12.

In subsection (a)(2) of this section and
throughout this title, the term "lawyer" is
substituted for "attorney" for clarity. It is
used in the sense of an attorney as defined by
Article 10 of the Code, but does not include an
attorney in fact.

Subsection (b)(2) of this section is revised to
require that the proponent receive the form
"{a}s soon as possible, but no later than 5
days after the admission", for conformity to the
requirements under § 7-505 of this subtitle and
to the apparent intent of former Article 59A, §
12(a) and (d), which referred, respectively, to
giving the form under this section to the
proponent "within 5 days" and "{u}pon
admission".

Defined terms: "Administration" § 7-101
"Admission" § 7-101 "Facility" § 7-101
"Mentally retarded individual" § 7-101

7-507. REVIEW OF DECISION.

(A)  BOARD OF REVIEW WITHOUT JURISDICTION.

THE BOARD OF REVIEW OF THE DEPARTMENT DOES NOT HAVE
JURISDICTION TO REVIEW THE DETERMINATION OF A HEARING
OFFICER ON AN ADMISSION UNDER THIS SUBTITLE.

(B)  FINAL DECISION.

THE DETERMINATION OF THE HEARING OFFICER IS A FINAL
DECISION OF THE DEPARTMENT FOR THE PURPOSE OF JUDICIAL
REVIEW OF FINAL DECISIONS UNDER THE ADMINISTRATIVE PROCEDURE
ACT.

REVISOR'S NOTE: Subsection (a) of this section is new
language added for clarity.

Subsection (b) of this section is new language
derived without substantive change from the
second sentence of former Article 41, §
206A(c)(l), as that sentence related to
admissions to mental retardation facilities.

In subsection (a) of this section, the phrase
"admission under this subtitle" is substituted
for the reference in former Article 41, §
206A(c)(l) to "involuntary admissions to mental
retardation facilities under the jurisdiction of
or licensed by the Department". There appeared

 

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Session Laws, 1982
Volume 742, Page 358   View pdf image
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