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Session Laws, 1984
Volume 759, Page 1321   View pdf image
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HARRY HUGHES, Governor                                         1321

substituted for the former references "administrative
adjudicatory proceeding" and "administrative

proceedings", for clarity. See 68 Op. Att'y Gen. ____

(1983) [Op. No. 83-028 (July 1, 1983)].

In subsection (c)(3) of this section, the phrase "does
not result in" is substituted for the former clauses
"[t]he small business prevails in that action", "fa]
small business is considered to prevail in any action
in which", and "[a] small business may not recover ...
when the parties have executed", for brevity.

In subsection (c)(3)(i) of this section, the phrase
"of the business" is added to modify the word
"liability", for clarity.

In subsection (c)(3)(iii) of this section, the former
phrase "while not stipulating liability or violation"
is deleted as misleading since subsection (c)(3)(iii)
of this section presumably is meant also to apply if
the settlement agreement does stipulate liability.

In subsection (e)(3) of this section, the word
"delayed" is substituted for the former word
"protracted", for clarity.

Also in subsection (e)(3) of this section, the word
"unduly" is deleted as surplusage.

Also in subsection (e)(3) of this section, the word
"final", which formerly modified the word
"resolution", is deleted as unnecessary.

In subsection (f) of this section, the former,
specific reference to a "budget amendment" is deleted
as unnecessary in light of the reference "as provided
in the State budget". See revisor's note to § 2-407
of this article.

In subsection (g)(1) of this section, the former
clause "notwithstanding that the small business
prevailed on the merits of the agency action brought
against it" is deleted as misleading since the
business may be awarded litigation expenses only if
the business prevails on the merits.

Defined terms: "Agency" § 10-201
"Contested case" § 10-201
"Includes";"including" § 1-101

GENERAL REVISOR'S NOTE:

As to appointment of interpreters in certain contested
cases, see Art. 30, § 1 of the Code.

 

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Session Laws, 1984
Volume 759, Page 1321   View pdf image
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