562

LAWS OF MARYLAND

Ch. 21

(A)  GROUNDS.

THE DEPARTMENT SHALL DENY A LICENSE TO ANY APPLICANT OR
SUSPEND OR REVOKE A LICENSE IF THE APPLICANT OR LICENSEE
FAILS TO COMPLY WITH THE APPLICABLE LAWS, RULES, OR
REGULATIONS OF THIS STATE.

(B)  HEARINGS.

EXCEPT AS OTHERWISE PROVIDED IN THE ADMINISTRATIVE
PROCEDURE ACT, BEFORE THE DEPARTMENT TAKES ANY ACTION UNDER
THIS SECTION, THE DEPARTMENT SHALL GIVE THE APPLICANT OR
LICENSEE NOTICE AND AN OPPORTUNITY FOR A HEARING.

REVISOR'S NOTE: Subsection (a) of this section is new
language derived without substantive change from
former Article 59, § 35(a).

Subsection (b) of this section is standard
language added to meet fundamental requirements
of fairness and to conform to Department
practice. The introductory language, " {e}xcept
as otherwise provided in the Administrative
Procedure Act," clarifies, that the Department 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 grant licenses, to facilities",
for clarity.

Defined terms: "Department" § 1-101
"License" § 10-501

10-511. ADMINISTRATIVE AND JUDICIAL REVIEW.

ANY PERSON AGGRIEVED BY A FINAL DECISION OF THE
DEPARTMENT 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.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
59, § 35(b).

In the introductory clause of this section,
reference to a "contested case" is substituted
for specific references to actions of the