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HARRY HUGHES, Governor 1303
See Dickinson-Tidewater v. Supervisor, 273 Md. 245,
255 (1974).
Subsection (a)(3)(iii) of this section is new language
substituted for the former, obsolete reference to the
"Employment Security Board". Although Art. 95A, §
11(a) of the Code provides that a reference to the
former Board be construed to "mean the Department of
Employment and Training for the purpose of the
administration of" Art. 95A, it did not seem to be the
intent of the General Assembly that a limited
reference to the former Board be construed as
exempting from the Administrative Procedure Act all of
the Department, including units that never have been
exempt from the Act.
Subsection (a)(3)(iv) of this section is new language
substituted for the former, obsolete reference to "the
State Insurance Department of Maryland", in accordance
with Art. 48A, § 14(1) of the Code.
In subsection (b) of this section, the phrase "states
in writing" is substituted for the former phrase "has
made an express, written finding or determination",
for brevity.
Also in subsection (b) of this section, the former
word "action" is deleted as unnecessary in light of
the broad word "matter".
Defined term: "Agency" § 10-201
10-203. POLITICAL SUBDIVISIONS AND INSTRUMENTALITIES.
A POLITICAL SUBDIVISION OF THE STATE OR AN INSTRUMENTALITY
OF A POLITICAL SUBDIVISION IS ENTITLED, TO THE SAME EXTENT AS
OTHER LEGAL ENTITIES, TO BE AN INTERESTED PERSON, PARTY, OR
PETITIONER IN A MATTER UNDER THIS SUBTITLE, INCLUDING AN APPEAL.
REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 41, §
256A.
The phrase "is entitled, to the same extent as other
legal entities, to be" is substituted for the former
language "have the status", to reflect that a
political subdivision or instrumentality is not, e.g.,
a party by operation of law but must have standing and
elect to be a party. This substitution is based on
Montgomery County v. One Park North Associates, 275
Md. 193 (1975).
Defined terms: "Includes";"including" § 1-101
"Person" § 1-101
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