898

LAWS OF MARYLAND

Ch. 21

(1)  NOTWITHSTANDING ANY OTHER LAW, AN AGGRIEVED
PARTY MAY APPEAL TO THE SECRETARY FROM ANY DECISION OF THE
STATE AGENCY, INCLUDING ANY DETERMINATION OF THE STATE
AGENCY IN ANY APPROPRIATENESS REVIEW THAT THE FEDERAL ACT
REQUIRES.

(2)  THE APPEAL SHALL BE. MADE WITHIN 30 DAYS
AFTER THE DECISION.

(3)  THE AGGRIEVED PARTY SHALL GIVE THE SECRETARY
AND STATE AGENCY WRITTEN NOTICE OF THE APPEAL.

(4)  THE SECRETARY SHALL GIVE EACH PERSON WHO WAS
A PARTY BEFORE THE STATE AGENCY NOTICE OF THE APPEAL.

(C)  RECORD OF PROCEEDINGS.

WITHIN 30 DAYS AFTER THE STATE AGENCY RECEIVES THE
NOTICE OF APPEAL, THE STATE AGENCY SHALL SUBMIT THE RECORD
OF A PROCEEDING TO THE SECRETARY IN ACCORDANCE WITH THE
ADMINISTRATIVE PROCEDURE ACT.

(D)  ACTION BY SECRETARY.

(1)  WITHIN 120 DAYS AFTER THE SECRETARY RECEIVES
THE RECORD FROM THE STATE AGENCY, THE SECRETARY SHALL REVIEW
THE RECORD AND MAKE A DECISION, IN ACCORDANCE WITH THE
ADMINISTRATIVE PROCEDURE ACT.

(2)  A DECISION OF THE SECRETARY THAT AFFIRMS,
REVERSES, OR MODIFIES THE DECISION OF THE STATE AGENCY IS
THE FINAL DECISION OF THE STATE AGENCY. HOWEVER, THE
SECRETARY MAY REMAND THE MATTER TO THE STATE AGENCY FOR
RECONSIDERATION.                                       .

(3)  THE STATE AGENCY SHALL CONCLUDE THE
RECONSIDERATION AND SUBMIT ITS DECISION TO THE SECRETARY
WITHIN 30 DAYS AFTER THE REMAND.

(4)  THE SECRETARY SHALL ACT FINALLY ON A
RECONSIDERATION WITHIN 30 DAYS AFTER RESUBMISSION OF THE
MATTER TO THE SECRETARY.

(E)  JUDICIAL REVIEW.

A PARTY TO THE APPEAL WHO IS AGGRIEVED BY THE FINAL
DECISION OF THE SECRETARY MAY TAKE A DIRECT JUDICIAL APPEAL.

REVISOR'S NOTE: This section formerly appeared as
Article 41, §§ 59D(b) and 59L(a), (b), (c), and
(f).

In subsection (c) of this section, the reference
to the Administrative Procedure Act is
substituted for the individual items of record.