Ch. 3                                           LAWS OF MARYLAND

ANY PERSON AGGRIEVED BY ANY FINAL ACTION OF THE BOARD 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 former Art. 75 1/2, §
17(g).

The former specific provisions for venue where the
appellant "resides or has his principal place of
business" 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.

This section is broader in scope than comparable
provisions in other titles of this article. The
standard language used in those comparable provisions
allows an appeal from "a final decision of the Board
in a contested case, as defined in § 10-201 of the
State Government Article". SG § 10-201 defines
"contested case" to mean a proceeding before an agency
to make certain determinations "only after an
opportunity for an agency hearing." Former Art. 75
1/2, § 17(g) allowed appeals from "a final decision of
the Board in denying, suspending, revoking or refusing
to renew his certificate of registration, or from any
other final action of the Board" and, thus, despite
placement of former § 17(g) in the provisions on
disciplinary proceedings, seemingly applied to other
actions. These actions would include proceedings
where there is not an opportunity for a hearing and
that, therefore, do not fall within the definition of
"contested case". Consequently, the revision retains
the broad right of appeal from "any final action of
the Board", rather than limiting appeals to contested
cases.

Defined terms: "Board" § 14-101
"Person" § 1-101

14-211. 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. 75 1/2, §
8A.

The former reference that narrowly limited the
Secretary's authority to the powers and duties of the
Board "vested ... by the provisions of this article"

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