Ch. 533                                          LAWS OF MARYLAND

REQUEST FOR A HEARING, BOTH HOLD A HEARING ON THE PETITION AND
ISSUE A WRITTEN FINAL DECISION ON THE PETITION.

(3)  THE SUPERINTENDENT MAY PERMIT ANY INTERESTED

PERSON TO PARTICIPATE AS A PARTY IN THE HEARING THE

SUPERINTENDENT BOARD SHALL PROVIDE NOTICE OF THE HEARING IN
ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT.

(4)  AT A HEARING HELD UNDER THIS SUBSECTION, THE
PETITIONER SHALL SUBMIT EVIDENCE FROM AN EXPERT, SATISFACTORY
HAVE THE BURDEN OF PROVING TO THE SUPERINTENDENT BOARD, THAT THE
HANDGUN AT ISSUE IS PRIMARILY USEFUL FOR LEGITIMATE SPORTING, LAW
ENFORCEMENT, OR SELF-PROTECTION PURPOSES, AND THEREFORE SHOULD BE
PLACED ON THE ROSTER.

(5) ANY AGGRIEVED PARTY OF RECORD MAY APPEAL WITHIN
30 DAYS A FINAL DECISION OF THE SUPERINTENDENT BOARD IN
ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT.

(6) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS

REQUIRING THE SUPERINTENDENT BOARD TO TEST ANY HANDGUN OR HAVE

ANY HANDGUN TESTED AT THE SUPERINTENDENT'S BOARD'S EXPENSE.

(5) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS
REQUIRING THE SUPERINTENDENT TO TEST ANY HANDGUN OR HAVE ANY
HANDGUN TESTED AT THE SUPERINTENDENT'S EXPENSE.

(6) ONCE A PETITION TO PLACE A PARTICULAR HANDGUN ON
THE HANDGUN ROSTER IS DENIED, WITH ALL APPEALS EXHAUSTED, THE
SUPERINTENDENT MAY NOT PLACE THAT HANDGUN ON THE HANDGUN ROSTER.

(F)(1) IF A TIMELY OBJECTION TO PLACEMENT OF A HANDGUN
APPROVED BY THE SUPERINTENDENT ON THE HANDGUN ROSTER IS RECEIVED,
THE SUPERINTENDENT SHALL, WITHIN 30 DAYS OF RECEIVING THE
OBJECTIONS, EITHER DISMISS THE OBJECTIONS IN WRITING OR, BASED
UPON THEM, NOT PLACE THE HANDGUN ON THE HANDGUN ROSTER.

(2) IF THE SUPERINTENDENT DECIDES NOT TO PLACE A

HANDGUN ON THE HANDGUN ROSTER BASED UPON OBJECTIONS, THE

SUPERINTENDENT SHALL INFORM ANY PETITIONER FOR THAT HANDGUN OF
THAT DECISION IN WRITING.

(G)(1) ANY PETITIONER, OBJECTOR, OR OTHER PARTY AGGRIEVED
BY A FINAL DECISION OF THE SUPERINTENDENT MAY, WITHIN 30 DAYS OF
THE SUPERINTENDENT'S FINAL DECISION, APPEAL THAT DECISION TO THE
CIRCUIT COURT IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE
ACT.

(2) THE SUPERINTENDENT MAY APPEAL AN ADVERSE COURT
DECISION TO THE COURT OF SPECIAL APPEALS.

443.

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