Ch. 3

LAWS OF MARYLAND

3-210. JUDICIAL REVIEW.

(A)   IN GENERAL.

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.

(B)  RIGHT OF BOARD TO APPEAL.

THE BOARD MAY APPEAL FROM A DECISION OF THE CIRCUIT COURT.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 56, § 474.

In subsection (a) of this section, 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.

In subsection (b) of this section, the former specific
right of appeal by "[a]ny such person" is deleted as
unnecessary.

Subsection (a) of 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, § 474 allowed appeals from "a final decision
of the Board denying, suspending, revoking, or
refusing to renew a license, or ... [from] any other
final action of the Board" and, thus, included
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" § 3-101
"Person" § 1-101

3-211. AUTHORITY OF SECRETARY.

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

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