Ch. 2

LAWS OF MARYLAND

Defined terms: "Cigarette" § 607
"Comptroller" § 607 "License" § 610
"Sell" § 607

621.  JUDICIAL REVIEW.

ANY PERSON AGGRIEVED BY A FINAL DECISION OF THE COMPTROLLER
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.

REVISOR'S NOTE: This section is standard language
substituted for former Art. 56, § 72. The
substitution is made to conform to language used
throughout this article to provide for judicial
review, and is revised to apply to any disciplinary
action under this subtitle.

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 term: "Comptroller" § 607

622.  PROHIBITED ACT -- ENGAGING IN CIGARETTE BUSINESS WITHOUT A
LICENSE PROHIBITED.

EXCEPT AS OTHERWISE PROVIDED IN § 611(B) OF THIS SUBTITLE, A
PERSON MAY NOT ENGAGE IN THE BUSINESS OF, ATTEMPT TO ENGAGE IN
THE BUSINESS OF, OR OFFER TO ENGAGE IN THE BUSINESS OF A
CIGARETTE RETAILER, CIGARETTE SUBWHOLESALER, CIGARETTE VENDING
MACHINE OPERATOR, OR CIGARETTE WHOLESALER IN THE STATE UNLESS THE
PERSON IS LICENSED UNDER THIS SUBTITLE.

REVISOR'S NOTE: This section is new language that, in part,
is added to reflect the provisions of the second
sentence of former Art. 81, § 438(a), as that sentence
related to restrictions on the sale of unstamped or
improperly stamped cigarettes, and, in part, is
derived without substantive change from former Art.
81, § 445, as that section related to restriction on
sales of unstamped cigarettes, and the first sentence
of former Art. 56, § 65 and the first sentence of §
66, as those sentences related to prohibitions on
activities within the scope of licenses.

The second sentence of former Art. 81, § 438(a) now
appears as TG §§ 12-104 and 12-305.

The references to "attempt" and "offer" to engage in
the business of a licensee are added to conform to

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