Ch. 563

LAWS OF MARYLAND

4-330. JUDICIAL REVIEW.

(A)  IN GENERAL.

ANY PERSON AGGRIEVED BY A FINAL DECISION OF THE COMMISSION
IN A CONTESTED CASE, AS DEFINED IN § 10-201 OF THE STATE
GOVERNMENT ARTICLE, MAY TAKE AN APPEAL AS ALLOWED IN §§ 10-215
AND 10-216 OF THE STATE GOVERNMENT ARTICLE.

(B)  STAY OF DECISION.

ON THE FILING OF A BOND BY A LICENSEE AS PROVIDED UNDER
SUBSECTION (C) OF THIS SECTION, A COURT MAY GRANT A STAY OF THE
SUSPENSION OR REVOCATION OF THE LICENSE OF THE LICENSEE.

(C)  BOND REQUIREMENTS.

(1)  THE COURT MAY SET THE BOND REQUIRED UNDER
SUBSECTION (B) OF THIS SECTION IN ANY AMOUNT NOT EXCEEDING
$50,000.

(2)  THE BOND SHALL BE CONDITIONED FOR THE USE AND
BENEFIT OF ANY PERSON WHO, AS A MEMBER OF THE PUBLIC, MIGHT
SUSTAIN PECUNIARY LOSS BECAUSE OF ANY VIOLATION OF THIS TITLE BY
THE LICENSEE.

SUBCOMMITTEE COMMENT: Subsection (a) of this section, which
is substituted for the third sentence of former Art.
56, § 225(c), is standard language used throughout
this article to provide for judicial review.

Subsections (b) and (c)(2) of this section are new
language derived without substantive change from the
fourth and fifth sentences of former Art. 56, §
225(c), except the reference in the fifth sentence to
the amount of the bond.

Subsection (c)(1) of this section is new language
substituted for the reference in the fourth sentence
of former Art. 56, § 225(c) to filing a bond not to
exceed "$25,000". On the recommendation of the Joint
Subcommittee on the Business Occupations Article the
limit on the bond is raised to $50,000.

The introductory phrase of subsection (a) of this
section conforms to SG § 10-215, 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 definition of "contested case" in SG §
10-201(c)).

Defined terms: "Commission" § 4-101

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