WILLIAM DONALD SCHAEFER, Governor                      Ch. 11

designated by the Governor. After the first appointment, the
Governor shall annually appoint a member of the Board in the
place of the member whose term shall expire. Members of the Board
shall be eligible for reappointment. In case of any vacancy in
the Board, the Governor shall fill the vacancy by the appointment
of a member to serve until the expiration of the term for which
the person had been appointed. Each member of the Board shall
receive per diem compensation as provided in the budget for each
day actually engaged in the discharge of his official duties as
well as reimbursement, in accordance with standard travel
regulations, for all necessary and proper expenses. [(ii)] (2)
Any person whose application for a permit or renewal of a permit
has been rejected or whose permit has been revoked or limited may
request the Board to review the decision of the Superintendent by
filing a written request for review with the Board within ten
days after receipt of written notice of the Superintendent's
final action. The Board shall, within 90 days after receipt of
the request, either review the record developed by the
Superintendent, or conduct a hearing. In conducting its review of
the decision of the Superintendent, the Board may receive and
consider any additional evidence submitted by any party. Based
upon its consideration of the record, and any additional
evidence, the Board shall either sustain, reverse or modify the
decision of the Superintendent. If the action taken by the Board
results in the rejection of an application for a permit or
renewal of a permit or the revocation or limitation of a permit,
the Board shall submit in writing to that person the reasons for
the action taken by the Board. [(iii)] (3) Any hearing and any
subsequent proceedings of judicial review shall be conducted in
accordance with the provisions of [the Administrative Procedure
Act] TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE;
provided, however, that no court of this State shall order the
issuance or renewal of a permit or alter any limitations on a
permit pending final determination of the proceeding. [(iv)] (4)
Any person whose application for a permit or renewal of a permit
has not been acted upon by the Superintendent within 90 days
after the application was submitted, may request the Board for a
hearing by filing a written request for such a hearing with the
Board.

DRAFTER'S NOTE: This corrects stylistic errors in the
numbering of paragraphs and corrects an obsolete
cross-reference in Article 27, § 36E(h).

The stylistic errors occurred in Ch. 13 of the Acts of
1972. The Administrative Procedure Act became Title
10, Subtitle 2 of the State Government Article in Ch.
284 of the Acts of 1984.

The stylistic errors were noted by the Computer

Division of the Department of Legislative Reference.

The obsolete cross-reference was noted by the

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