Ch. 3

LAWS OF MARYLAND

7-312. 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 ninth sentence of
former Art. 56, § 317.

The reference to "a final decision ... in a contested
case ..." is substituted for the former reference to
revocation of a license, to conform 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)).

The specific provisions for venue where the appellant
"resides" or, for nonresidents, in Anne Arundel County
are deleted in deference to the broader provisions
under SG § 10-215(b), which provide for venue where
any party resides or has a principal place of
business.

The tenth sentence of former Art. 56, § 317, which
explicitly limited the basis of a decision of the
reviewing court to the record made before the Board,
is deleted in deference to the provisions of SG §
10-215, which allow a party "to offer testimony on
alleged irregularities in procedures before the agency
that do not appear on the record".

Defined terms: "Board" § 7-101
"Person" § 1-101

7-313. REINSTATEMENT OF REVOKED LICENSE.

(A)   IN GENERAL.

SUBJECT TO ANY REGULATION THAT THE BOARD ADOPTS, THE BOARD
MAY REINSTATE A LICENSE THAT HAS BEEN REVOKED.

(B)  CONDITIONS.

A LICENSE MAY BE REINSTATED UNDER THIS SECTION ONLY ON:

(1) THE BASIS OF EVIDENCE SUBMITTED TO THE BOARD
AFTER THE REVOCATION AND NOT AVAILABLE, BEFORE THE REVOCATION, TO
THE INDIVIDUAL SEEKING REINSTATEMENT;

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