ROBERT L. EHRLICH, JR., Governor

Ch. 5

(D) REQUEST FOR REVIEW BY BOARD.

A PERSON NEED NOT FILE A REQUEST FOR AN INFORMAL REVIEW UNDER THIS
SECTION BEFORE REQUESTING REVIEW UNDER § 5-312 OF THIS SUBTITLE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 36E(h).

In subsections (b)(1) and (c) of this section, the references to a "person who
requested the informal review" is substituted for the former reference to an
"applicant" for clarity. Similarly, in subsection (d) of this section, the
reference to a "person" is substituted for the former reference to an
"applicant" to conform to the terminology used in this section.

In subsection (b)(2) of this section, the reference to "Title 10, Subtitle 2 of
the State Government Article", which governs contested administrative
hearings, is substituted for the former reference to the "Administrative
Procedure Act" for clarity and consistency with § 5-312(e) of this subtitle.

In subsection (d) of this section, the reference to a person not needing to
"request... an informal review ... before requesting review under § 5-312 of
this subtitle" is substituted for the former references to the "[i]nstitution of
proceedings under this section" and the "institution of proceedings under
subsection (h) of this section" for consistency with subsection (a) of this
section and § 5-312(a) of this subtitle.

Also in subsection (d) of this section, the former phrase "within the
discretion of the applicant" and the former reference to a "condition
precedent" are deleted as included in the reference that a person "need not"
take certain action.

Defined terms: "Permit" § 5-301
"Person" § 1-101
"Secretary" § 5-301

5-312. ACTION BY BOARD.

(A)     REQUEST FOR REVIEW AUTHORIZED.

(1)      A PERSON WHO IS DENIED A PERMIT OR RENEWAL OF A PERMIT OR
WHOSE PERMIT IS REVOKED OR LIMITED MAY REQUEST THE BOARD TO REVIEW THE
DECISION OF THE SECRETARY BY FILING A WRITTEN REQUEST WITH THE BOARD
WITHIN 10 DAYS AFTER RECEIPT OF WRITTEN NOTICE OF THE SECRETARY'S FINAL
ACTION.

(2)      A PERSON WHOSE APPLICATION FOR A PERMIT OR RENEWAL OF A
PERMIT IS NOT ACTED ON BY THE SECRETARY WITHIN 90 DAYS AFTER SUBMITTING
THE APPLICATION TO THE SECRETARY MAY REQUEST A HEARING BEFORE THE
BOARD BY FILING A WRITTEN REQUEST WITH THE BOARD.

(B)     FORM OF REVIEW.

- 273 -