In subsection (a)(2) of this section, the reference to conclusions "of law" is
added for consistency with other provisions of the Code concerning
decisions by the Office of Administrative Hearings. See, e.g., SG §§ 10-220
and 10-221.

In subsection (b)(1) and (2) of this section, the former phrase "after the
hearing" is deleted as redundant in light of the requirement in subsection
(a)(1) of this section that the Office of Administrative Hearings issue its
decision "[p]romptly after the hearing".

In subsections (b)(2) and (c)(1) of this section, the reference to a "proposed"
order is added for clarity and consistency with other provisions of the Code
concerning decisions by the Office of Administrative Hearings. See, e.g.,
SG § 10-220.

In subsection (c)(1) of this section, the former phrase "where he disagrees
with the findings and conclusions of the Office of Administrative Hearings"
is deleted as implicit in a decision to reverse or modify the order of the
Office of Administrative Hearings.

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsection (c)(1) of this
section lacks explicit authority to "remand". The Secretary does, in
practice, remand certain cases under the other authority implicit in
subsection (c)(1). The General Assembly may wish to add explicit authority
to "remand".

The Correctional Services Article Review Committee further notes that
subsection (c)(3)(ii) of this section makes the Secretary's order "the final
decision for purposes of judicial review". The General Assembly may wish
to create an exception for an order that remands a case.

In subsection (c)(2) of this section, the former reference to an official "of the
institution in question" is deleted as implicit in the reference to the
"appropriate" official.

Defined term: "Secretary" § 1-101
10-210. JUDICIAL REVIEW.

(A) EXHAUSTION OF REMEDIES.

A COURT MAY NOT CONSIDER AN INDIVIDUAL'S GRIEVANCE THAT IS WITHIN
THE JURISDICTION OF THE OFFICE OR THE OFFICE OF ADMINISTRATIVE HEARINGS
UNLESS THE INDIVIDUAL HAS EXHAUSTED THE REMEDIES PROVIDED IN THIS
SUBTITLE.

(B) CIRCUIT COURT REVIEW.

(1) THE COMPLAINANT IS ENTITLED TO JUDICIAL REVIEW OF THE
FINAL DECISION OF THE SECRETARY UNDER § 10-207(B)(2)(II) OR § 10-209(B)(1)(II) OR
(C)(3)(II) OF THIS SUBTITLE.