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LAWS OF MARYLAND

Ch. 21

new language derived without substantive change
from former Article 43, § 712.

In subsection (b)(1) of this section, the former
reference to suspension "for such period as
determined by the Secretary or the health
officer" is deleted as implicit in the power to
suspend a license.

In subsection (b)(1)(ii) of this section,
reference to the "current requirements for a new
license" is substituted for "cause for refusing
the original or renewal issue of the license",
for brevity. This substitution is based on §
14-109 of this subtitle, which imposes the
current requirements for a new license on an
applicant for license renewal.

In subsection (d)(1) of this section, the phrase
"a court of equity in the county where the group
day care center is located" is substituted for
the phrase "in equity in the circuit court of the
county ... or in an equity court of the Supreme
Bench of Baltimore City", since specific
reference to Baltimore City is unnecessary in
light of the use of the defined term "county".

Defined terms: "Child" § 14-101

"County" § 1-101 "License" § 14-101

"Group day care center" § 14-101

"Health officer" § 1-101 "Secretary" § 1-101

14-112. ADMINISTRATIVE AND JUDICIAL REVIEW.

ANY PERSON AGGRIEVED BY A FINAL DECISION OF THE
SECRETARY OR A HEALTH OFFICER, 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)  THEN 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
43, § 715.

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