Ch. 5

2003 LAWS OF MARYLAND

WITHIN 90 DAYS AFTER RECEIVING A REQUEST TO REVIEW A DECISION OF THE
SECRETARY, THE BOARD SHALL:

(1)      REVIEW THE RECORD DEVELOPED BY THE SECRETARY; OR

(2)      CONDUCT A HEARING.

(C)     EVIDENCE.

THE BOARD MAY RECEIVE AND CONSIDER ADDITIONAL EVIDENCE SUBMITTED
BY A PARTY IN CONDUCTING A REVIEW OF THE DECISION OF THE SECRETARY.

(D)     DECISION BY BOARD.

(1)     BASED ON THE BOARD'S CONSIDERATION OF THE RECORD AND ANY
ADDITIONAL EVIDENCE, THE BOARD SHALL SUSTAIN, REVERSE, OR MODIFY THE
DECISION OF THE SECRETARY.

(2)      IF THE ACTION BY THE BOARD RESULTS IN THE DENIAL OF A PERMIT
OR RENEWAL OF A PERMIT OR THE REVOCATION OR LIMITATION OF A PERMIT, THE
BOARD SHALL SUBMIT IN WRITING TO THE APPLICANT OR THE HOLDER OF THE
PERMIT THE REASONS FOR THE ACTION TAKEN BY THE BOARD.

(E)     ADMINISTRATIVE PROCEDURES.

(1)      ANY HEARING AND ANY SUBSEQUENT PROCEEDINGS OF JUDICIAL
REVIEW SHALL BE CONDUCTED IN ACCORDANCE WITH TITLE 10, SUBTITLE 2 OF THE
STATE GOVERNMENT ARTICLE.

(2)      NOTWITHSTANDING PARAGRAPH (1) OF THIS SUBSECTION, A COURT
MAY NOT ORDER THE ISSUANCE OR RENEWAL OF A PERMIT OR ALTER A LIMITATION
ON A PERMIT PENDING A FINAL DETERMINATION OF THE PROCEEDING.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 36E(i)(2), (3), and (4).

In subsection (d)(2) of this section, the reference to an "applicant or the
holder of the permit" is substituted for the former reference to "that
person" for clarity.

In subsection (e)(2) of this section, the former reference to a court "of this
State" is deleted as implicit.

The Public Safety Article Review Committee notes, for the consideration of
the General Assembly, that in subsection (a)(2) of this section there is no
time period stated within which a written request for a hearing before the
Board must be made if the Secretary has not acted on an application for a
permit or renewal of a permit.

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

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