574

LAWS OF MARYLAND

Ch. 21

that which was only implied by former Article 59,
§ 65(7).

Subsection (b) of this section, which is based on
the second sentence of former Article 59, §
67(b), is rephrased in the standard language used
to state fundamental requirements of fairness.
The Department indicates that the former
reference to "§ 250 of Article 41" is erroneous
and that the Department provides a hearing in
instances of suspension or revocation. The
introductory language, "{e}xcept as otherwise
provided in the Administrative Procedure Act,"
clarifies that the Secretary may take action
summarily against a person under certain
circumstances. See Article 41, § 250A(c) of the
Code. See also revisor's note to § 10-524 of
this subtitle.                                                           

Defined terms: "License" § 10-514
"Secretary" § 1-101

10-524. ADMINISTRATIVE AND JUDICIAL REVIEW.

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

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

(2)  TAKE ANY FURTHER APPEAL ALLOWED BY THE
ADMINISTRATIVE PROCEDURE ACT TO THE CIRCUIT COURT FOR THE
COUNTY WHERE THE PRIVATE GROUP HOME 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
59, § 69.

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

The former reference to the "Baltimore City
Court" is deleted as unnecessary.

The third sentence of former Article 59, § 69,
which provided for appeals to the Court of
Special Appeals, is deleted because the
Administrative Procedure Act provides for these
appeals.