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Session Laws, 1996
Volume 794, Page 2855   View pdf image
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PARRIS N. GLENDENING, Governor                             Ch. 476

(iii) is authorized by law to adjudicate contested cases.

(c)     "Agency head" means:

(1)     an individual or group of individuals in whom the ultimate legal
authority of an agency is vested by any provision of law; OR

(2)     THE OFFICER OF STATE GOVERNMENT WHO SECRETARY OF THE
STATE DEPARTMENT THAT IS RESPONSIBLE FOR STATE PROGRAMS THAT ARE
ADMINISTERED BY THE MONTGOMERY COUNTY DEPARTMENT OF HEALTH AND
HUMAN SERVICES.

(d)     (1) "Contested case" means a proceeding before an agency to determine:

(i) a right, duty, statutory entitlement, or privilege of a person that is
required by statute or constitution to be determined only after an opportunity for an
agency hearing; or

(ii) the grant, denial, renewal, revocation, suspension, or amendment
of a license that is required by statute or constitution to be determined only after an
opportunity for an agency hearing.

(2) "Contested case" does not include a proceeding before an agency
involving an agency hearing required only by regulation unless the regulation expressly, or
by clear implication, requires the hearing to be held in accordance with this subtitle.

(e)     "Office" means the Office of Administrative Hearings.

(f)      "License" means all or any part of permission that:

(1)     is required by law to be obtained from an agency;

(2)     is not required only for revenue purposes; and

(3)     is in any form, including:
(i) an approval;

(ii)    a certificate;

(iii)   a charter;

(iv)    a permit; or

(v)    a registration.

(g)     "Presiding officer" means the board, commission, agency head, administrative
law judge, or other authorized person conducting an administrative proceeding under this
subtitle.

10-203.

(a) This subtitle does not apply to:

(1) the Legislative Branch of the State government or an agency of the
Legislative Branch;

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Session Laws, 1996
Volume 794, Page 2855   View pdf image
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