WILLIAM DONALD SCHAEFER, Governor

Ch. 59

(c) The [agency] FINAL DECISION MAKER promptly shall deliver or mail a copy
of the final decision or order to:

(1)      each party; or

(2)      the party's attorney of record.

[10-215.] 10-222. JUDICIAL REVIEW.

(a) (1) A party who is aggrieved by the final decision in a contested case is
entitled to judicial review of the decision as provided in this section.

(2) AN AGENCY, INCLUDING AN AGENCY THAT HAS DELEGATED A
CONTESTED CASE TO THE OFFICE, IS ENTITLED TO JUDICIAL REVIEW OF A DECISION
AS PROVIDED IN THIS SECTION IF THE AGENCY:

(I)       IS AGGRIEVED BY THE FINAL DECISION; AND

(II)     WAS A PARTY BEFORE THE AGENCY OR THE OFFICE.

(B) WHERE THE PRESIDING OFFICER HAS FINAL DECISION-MAKING
AUTHORITY, A PERSON IN A CONTESTED CASE WHO IS AGGRIEVED BY AN
INTERLOCUTORY ORDER IS ENTITLED TO JUDICIAL REVIEW IF:

(1)      THE PARTY WOULD QUALIFY UNDER THIS SECTION FOR JUDICIAL
REVIEW OF ANY RELATED FINAL DECISION;

(2)      THE INTERLOCUTORY ORDER:

(I)       DETERMINES RIGHTS AND LIABILITIES; AND

(II)     HAS IMMEDIATE LEGAL CONSEQUENCES; AND

(3)      POSTPONEMENT OF JUDICIAL REVIEW WOULD RESULT IN
IRREPARABLE HARM.

DRAFTER'S NOTE: Subsection (b) is intended to codify the Court of Appeals
decision in Holiday Spas v. Montgomery County Human Relations
Commission, 315 Md. 390 (1989).

[(b)](C) [A] UNLESS OTHERWISE REQUIRED BY STATUTE, A petition for
judicial review shall be filed with the circuit court for the county where any party resides
or has a principal place of business.

[(c)] (D) (1) The court may permit any other interested person to intervene in a
proceeding under this section.

(2) IF THE AGENCY HAS DELEGATED TO THE OFFICE THE AUTHORITY
TO ISSUE THE FINAL ADMINISTRATIVE DECISION PURSUANT TO § 10-205(A)(2), AND
THERE ARE 2 OR MORE OTHER PARTIES WITH ADVERSE INTERESTS REMAINING IN
THE CASE, THE AGENCY MAY DECLINE TO PARTICIPATE IN THE JUDICIAL REVIEW.
AN AGENCY THAT DECLINES TO PARTICIPATE SHALL INFORM THE COURT IN ITS
INITIAL RESPONSE.

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