Section 10-210 - Judicial review. - Maryland Statutes

§ 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. 

(2) Proceedings for review shall be instituted in the circuit court of the county in which the complainant is confined. 

(3) Review by the court shall be limited to: 

(i) a review of the record of the proceedings before the Office and the Office of Administrative Hearings and any order issued by the Secretary following those proceedings; and 

(ii) a determination of whether the complainant's rights under federal or State law were violated. 

(c)  Appellate review.-  

(1) The Administrative Procedure Act does not apply to appellate review of a final judgment of the circuit court under this section. 

(2) A party aggrieved by the decision of the circuit court may file an application for leave to appeal to the Court of Special Appeals in accordance with the Maryland Rules. 
 

[An. Code 1957, art. 41, § 4-102.1(k), (l); 1999, ch. 54, § 2.]