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Session Laws, 1988
Volume 770, Page 3833   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 563

(1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, 15
DAYS AFTER THE DECISION OF A HEARING BOARD.

(I) THE DECISION SHALL BE CONSIDERED AS THE
FINAL DECISION OF THE COMMISSION; AND

(II) ANY PARTY AGGRIEVED BY THE DECISION MAY
TAKE A JUDICIAL APPEAL AS PROVIDED IN § 4-330 OF THIS SUBTITLE.

(2) (1) (I) WITHIN 15 DAYS AFTER THE FILING OF A
DECISION BY A HEARING BOARD, THE COMMISSION OR ANY OF ITS MEMBERS
MAY FILE AN EXCEPTION TO THE DECISION OF THE HEARING BOARD.

(II) ON THE FILING OF AN EXCEPTION UNDER
PARAGRAPH (2)(I) OF THIS SUBSECTION SUBPARAGRAPH (I) OF THIS
PARAGRAPH, THE COMMISSION SHALL SET A HEARING ON THE MATTER.

(2) IF AN EXCEPTION IS NOT FILED WITHIN THE TIME
ALLOWED UNDER PARAGRAPH (1)(I) OF THIS SUBSECTION:

(I)  THE DECISION OF THE HEARING BOARD SHALL BE
CONSIDERED AS THE FINAL DECISION OF THE COMMISSION; AND

(II)  ANY PARTY AGGRIEVED BY THE DECISION MAY
TAKE A JUDICIAL APPEAL AS PROVIDED IN § 4-330 OF THIS SUBTITLE.

SUBCOMMITTEE COMMENT: Subsections (a), (c)(3), and (d) of
this section are new language derived without
substantive change from former Art. 56, § 224A-1 and
the fourth sentence of § 224A(b) and the first
sentence, except as that sentence referred to members
of the hearing board.

Subsection (b) of this section is new language added
to clarify that the hearing board, as a body to which
the Commission may refer complaints, shall act on
complaints in the same manner as the Commission would.

Subsection (c)(1) and (2) of this section is new
language substituted for the second sentence of former
Art. 56, § 224A(b), which provided that the board
shall hold a hearing on all matters referred to it by
the Commission. This substitution is based on the
actual practice of the Commission and the hearing
boards and provides an express procedure for the
hearing board to follow in determining whether to act
on or dismiss a complaint. This substitution was
recommended by the Joint Subcommittee on the Business
Occupations Article.

In subsection (d)(1)(i) of this section, a reference
to the filing of an "exception to the decision of the
hearing board" is substituted for the former vague

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Session Laws, 1988
Volume 770, Page 3833   View pdf image
 Jump to  
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