WILLIAM DONALD SCHAEFER, Governor

Ch. 3

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. 56, §
341(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 § 341(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" § 15-101
"Person" § 1-101

15-211. 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. 56, §
333(g).

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" § 15-101
"Secretary" § 1-101

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