Section 2-405 - Appeals to Board of Review; judicial review. - Maryland Statutes

§ 2-405. Appeals to Board of Review; judicial review.
 

(a)  Right of appeal.- Any person aggrieved by any decision, action, or failure to act on the part of the Secretary or any position or unit within the Department for which an appeal to the Board of Review of the Department is provided by this subtitle, is entitled to appeal. 

(b)  Notice to Department.- Prior to the commencement of an appeal, the person aggrieved shall make known the basis of his complaint to the individual responsible for the decision, action, or nonaction complained of, together with a request for review. If a resolution satisfactory to the person aggrieved does not occur within 30 days of the request, the complainant may appeal to the Board. 

(c)  Statement filed with Secretary.- The complainant shall file a written statement concisely setting forth the nature of the complaint and the relevant facts and circumstances. The complaint shall be filed with the Secretary who shall acknowledge promptly in writing its receipt. 

(d)  Investigation by Secretary; record.- The Secretary then shall investigate the complaint. Subject to extensions of time to which the parties agree, the Secretary shall render a decision in writing and send a copy to the complainant within 30 days of the filing of the complaint. A record shall be kept of every complaint and its disposition. The record shall be open to public inspection during regular business hours. 

(e)  Appeal to Board of Review.- A party aggrieved by an adverse decision, action, or failure to take action within the time prescribed by subsection (d) of this section, may file an appeal to the Board of Review of the Department. 

(f)  Review procedures; Board decision is final agency decision.- The Board shall adopt procedures as provided in the Administrative Procedure Act, and in all other respects shall be governed by the provisions of that act. At least three members shall sit at any hearing of the Board, constituted as a Board of Appeal. Decisions shall be by a majority of the members sitting, shall be in writing, and shall state the Board's reasons. Minutes of its proceedings shall be kept. The chairman, or acting chairman, may administer oaths and compel the attendance of witnesses. The decision of the Board shall be the final agency decision for purposes of judicial review under the Administrative Procedure Act. 

(g)  Judicial review.- Every appeal from a decision of the Board shall be as prescribed in the Administrative Procedure Act, except that if there are special provisions of law governing appeals from a particular unit, those provisions shall govern appeals from the decision of that unit. 
 

[An. Code 1957, art. 41, § 437; 1973, 1st Sp. Sess., ch. 6, § 1; 2007, ch. 5, § 7.]