WILLIAM DONALD SCHAEFER, Governor

Ch. 3

Defined term: "Board" § 5-101

5-209. JUDICIAL REVIEW.

ANY PERSON AGGRIEVED BY A FINAL DECISION OF THE 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.

REVISOR'S NOTE: This section is new language derived
without substantive change from the first clause of
former Art. 56, § 504.

The reference to "a final decision of the Board in a
contested case ..." is substituted for the former
reference to "any action of the Board relating to
licenses" to conform to SG § 10-215. 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)).

The second clause of former Art. 56, § 504, which
provided that, absent an appeal, "the action of the
Board shall be final", is deleted as surplusage.

Defined terms: "Board" § 5-101
"Person" § 1-101

5-210. AUTHORITY OF SECRETARY.

THE BOARD EXERCISES ITS POWERS, DUTIES, AND FUNCTIONS
SUBJECT TO THE AUTHORITY OF THE SECRETARY.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 56, § 496.

The former reference that narrowly limited the
Secretary's authority to the powers and duties of the
Board "vested ... by the provisions of this subtitle"
is deleted as misleading. Presumably, the powers and
duties of the Board wherever codified are to be
subject to the authority of the Secretary.

As to the authority of the Secretary, see, in
particular, Art. 41, §§ 8-101 through 8-106 of the
Code.

Defined terms: "Board" § 5-101
"Secretary" § 1-101

SUBTITLE 3. LICENSES.

5-301. LICENSE REQUIRED; EXCEPTIONS.

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