WILLIAM DONALD SCHAEFER, Governor                           Ch. 59

(ii) a copy of the decision and the findings of fact and conclusions of
law that support the decision.

(5) A decision under this subsection is final unless within 15 days after the
mailing or other delivery of notice of the decision, further review is initiated under
subsection (h) of this section.

(h) (1) When a party files an appeal of a decision under subsection (g) of this
section:

(i) if the hearing examiner did not affirm the determination or
redetermination of the claim, the Board of Appeals shall allow the appeal; and

(ii) if the hearing examiner affirmed the determination or
redetermination, the Board of Appeals may allow the appeal.

(2)     On the filing of an appeal or on its own motion, the Board of Appeals
may affirm, modify, or reverse the findings and conclusions of a hearing examiner on the
basis of evidence that was submitted previously in the case or that the Board of Appeals
directs to be taken.

(3)     The Board of Appeals promptly shall mail notice of its decision,
including its findings and conclusions, to the last known address of each party or
otherwise deliver the notice. The decision is final subject to judicial review after 10 days
after the mailing or other delivery.

(4)     If the Board of Appeals does not allow an appeal of a decision of a
hearing examiner:

(i) the decision of the hearing examiner is considered to be a decision
of the Board of Appeals;

(ii) the decision is subject to judicial review within the time and in the
manner provided for a final decision of the Board of Appeals; and

(iii) the time for appeal begins on the date of the notice of the order of
denial of the application for appeal to the Board of Appeals.

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:

Article - Environment

1-101. DEFINITIONS.

(a)     In this article the following words have the meanings indicated.

(b)     "CONTESTED CASE HEARING" MEANS AN ADJUDICATORY HEARING IN
ACCORDANCE WITH THE CONTESTED CASE PROCEDURES OF SUBTITLE 2 OF THE
MARYLAND ADMINISTRATIVE PROCEDURE ACT.

(C) "County" means a county of this State and, unless expressly provided
otherwise, Baltimore City.

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