HARRY HUGHES, Governor

1971

The phrase "local department or a licensed child
placement agency" is substituted for the former phrase
"agency or local board", for clarity.

The reference to "the administrative appellate
authority designated by rule or regulation" is
substituted for the former reference to the "State
Department of Social Services", to conform to
practice.                                                                                       

See also § 5-506(c) of this subtitle.

Defined term: "License" § 5-501

5-518. JUDICIAL REVIEW.

(A)  IN GENERAL.

A PERSON AGGRIEVED BY A FINAL DECISION OF THE HIGHEST
ADMINISTRATIVE APPELLATE AUTHORITY IN A CONTESTED CASE MAY TAKE
ANY FURTHER APPEAL AS ALLOWED BY THE ADMINISTRATIVE PROCEDURE
ACT.

REVISOR'S NOTE: This subsection, which is substituted for

former Article 88A, § 26(b), (c), and (d), is new

language based on the requirements of the
Administrative Procedure Act.

This subsection conforms to the Administrative
Procedure Act, which provides a right of judicial
review of any "final decision" of an agency in a
"contested case". A situation is a contested case if
a party has a right to a hearing (see the
Administrative Procedure Act definition of "contested
case" in Article 41, § 244 of the Code).

(B)  EFFECT OF APPEAL.

IF A FURTHER APPEAL IS TAKEN UNDER THIS SECTION:

(1)  ANY CRIMINAL PROSECUTION OF THE PERSON FOR
CARRYING ON WITHOUT A LICENSE AN ACTIVITY FOR WHICH THE PERSON
MUST BE LICENSED UNDER THIS SUBTITLE SHALL BE STAYED PENDING THE
APPEAL;

(2)  ANY  INJUNCTION AGAINST THE PERSON FOR CARRYING ON
WITHOUT A LICENSE AN ACTIVITY FOR WHICH THE PERSON MUST BE
LICENSED UNDER THIS  SUBTITLE SHALL BE STAYED PENDING THE APPEAL;
AND

(3) THE COURT HAS DISCRETION AS TO THE CARE, CUSTODY,
OR CONTROL OF ANY CHILD WHOSE CARE, CUSTODY, OR CONTROL IS THE
RESPONSIBILITY OF THE PERSON.