Ch. 648

LAWS OF MARYLAND

The express inclusion of the power to reprimand a
State licensee in § 2-316 of this subtitle — when
read with this section — results in new express
requirements that a hearing be held before the State
Board may reprimand a State licensee and,
consequently, that the review procedures of § 2-318 of
this subtitle be made available to the State licensee
after a final State Board decision to reprimand. This
change is made to conform to other occupation board
provisions found throughout the Code and to meet
fundamental requirements of fairness.

In subsection (b) of this section, the reference to

"Title 10, Subtitle 2 of the State Government Article"

is substituted for the former reference to "the

provisions of the Administrative Procedure Act", for
clarity.

The second sentence of former Art. 56, § 533(h)(1),
which provided for the right to the attendance of
witnesses by requesting the State Board to issue a
subpoena, is deleted as repetitious of rights already
set forth in Title 10, Subtitle 2 of the State
Government Article. See also § 2-206 of this title.

As to the power of the State Board or its hearing
officer to take depositions, administer oaths, and
hold hearings, see § 2-206 of this title.

Defined term: "State Board" § 2-101

2-318. JUDICIAL REVIEW.

ANY PERSON AGGRIEVED BY A FINAL DECISION OF THE STATE BOARD
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.

COMMITTEE COMMENT: This section is standard language added
to provide for judicial review.

The introductory phrase 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: "Person" § 1-101
"State Board" § 2-101

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