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Ch. 418
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2002 LAWS OF MARYLAND
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[(g)] (H) (1) Any person whose application for a permit or renewal of a
permit has been rejected or whose permit has been revoked or limited may request
the Secretary to conduct an informal review by filing a written request within 10 days
after receipt of written notice of the Secretary's initial action.
(2) The informal review may include a personal interview of the
applicant and is not subject to the Administrative Procedure Act.
(3) Pursuant to the informal review, the Secretary shall sustain, reverse,
or modify the initial action taken and notify the applicant of the decision in writing
within 30 days after receipt of the request for informal review.
(4) Institution of proceedings under this section is within the discretion
of the applicant and is not a condition precedent to institution of proceedings under
subsection (h) of this section.
[(h)] (I) (1) There is created a Handgun Permit Review Board as a separate
agency within the Department of Public Safety and Correctional Services. The Board
shall consist of five members appointed from the general public by the Governor with
the advice and consent of the Senate of Maryland and shall hold office for terms of
three years. The members shall hold office for a term of one, two, and three years,
respectively, to be designated by the Governor. After the first appointment, the
Governor shall annually appoint a member of the Board in the place of the member
whose term shall expire. Members of the Board shall be eligible for reappointment. In
case of any vacancy in the Board, the Governor shall fill the vacancy by the
appointment of a member to serve until the expiration of the term for which the
person had been appointed. Each member of the Board shall receive per diem
compensation as provided in the budget for each day actually engaged in the
discharge of his official duties as well as reimbursement, in accordance with the
Standard State Travel Regulations, for all necessary and proper expenses.
(2) Any person whose application for a permit or renewal of a permit has
been rejected or whose permit has been revoked or limited may request the Board to
review the decision of the Secretary by filing a written request for review with the
Board within ten days after receipt of written notice of the Secretary's final action.
The Board shall, within 90 days after receipt of the request, either review the record
developed by the Secretary, or conduct a hearing. In conducting its review of the
decision of the Secretary, the Board may receive and consider any additional evidence
submitted by any party. Based upon its consideration of the record, and any
additional evidence, the Board shall either sustain, reverse or modify the decision of
the Secretary. If the action taken by the Board results in the rejection of an
application for a permit or renewal of a permit or the revocation or limitation of a
permit, the Board shall submit in writing to that person the reasons for the action
taken by the Board.
(3) Any hearing and any subsequent proceedings of judicial review shall
be conducted in accordance with the provisions of Title 10, Subtitle 2 of the State
Government Article; provided, however, that no court of this State shall order the
issuance or renewal of a permit or alter any limitations on a permit pending final
determination of the proceeding.
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- 3190 -
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