1300

LAWS OF MARYLAND

Ch. 284

"political subdivisions", since the former phrase
could encompass a unit operating within 1 county if
the unit operated in more than 1 subdivision in the
county. This reading seemed unintended.

Defined terms: "Contested case" § 10-201
"County" § 1-101

(C) CONTESTED CASE.

"CONTESTED CASE" MEANS A PROCEEDING BEFORE AN AGENCY TO
DETERMINE:

(1)  A RIGHT, DUTY, STATUTORY ENTITLEMENT, OR
PRIVILEGE OF A PERSON THAT IS REQUIRED BY LAW TO BE DETERMINED
ONLY AFTER AN OPPORTUNITY FOR AN AGENCY HEARING; OR

(2)  THE GRANT, DENIAL, RENEWAL, REVOCATION,
SUSPENSION, OR AMENDMENT OF A LICENSE THAT IS REQUIRED BY LAW TO
BE DETERMINED ONLY AFTER AN OPPORTUNITY FOR AN AGENCY HEARING.

REVISOR'S NOTE: This subsection is new language derived
without substantive change from former Art. 41, §§
244(d) and (f) and 250A(a).

In items (1) and (2) of this subsection, the phrase
"to be determined only after an opportunity for an
agency hearing" is substituted for the former
references to "after an agency hearing" and "to be
preceded by notice and an opportunity for a hearing",
to conform items (1) and (2) of this subsection and,
thus, to avoid the implication that, because of
differences, the former language stated different
elements as to whether a proceeding is a "contested
case". The substituted language reflects that the
right to have notice, both as to the proposed action
and as to the time and place of hearing, is ensured by
due process as a result of the requirement for a
hearing and does not alter the character of the
proceeding so as to affect whether it constitutes a
"contested case".

Also in items (1) and (2) of this subsection, the
former specific references to a "constitutional right"
are deleted as unnecessary since the broad word "law"
would encompass not only rights stated expressly in a
statute or constitution, but also the rights that, by
common law, have derived from a statute or
constitution.

In item (1) of this subsection, the word "legal",
which formerly modified the word "right", is deleted
as surplusage.