Maryland Transportation Section 2-506

      (a)      If any person is aggrieved by any decision, action, or inaction on the part of the Secretary or of any unit in the Department for which an appeal to the Board is provided by this subtitle, the person is entitled to appeal within the period that the Board establishes by regulation.

      (b)      Before commencement of an appeal, the person aggrieved shall make known the basis of the complaint to the individual responsible for the decision, action, or inaction complained of, together with a request for review. If, within 30 days of the request, a resolution satisfactory to the complainant does not occur, the complainant may file a statement of complaint in accordance with subsection (c) of this section.

      (c)      Within the period established by the Board, the complainant shall file a detailed written statement of the complaint and all relevant facts and circumstances with the chief executive officer of the Department or unit in the Department to which application for review is made. If there is no chief executive officer, the statement shall be filed with any member of the unit's governing body. The complaint shall be acknowledged promptly in writing, and a copy of the complaint and acknowledgment shall be sent to the Secretary.

      (d)      (1)      The Department or unit then shall investigate the complaint. Subject to extensions of time to which the parties may agree, the Department or unit shall render a written decision and send a copy of it to the complainant within 30 days of the filing of the complaint.

            (2)      A record shall be kept of each complaint and its disposition. The record shall be open to public inspection during regular business hours.

      (e)      If the matter is one for which an appeal to the Board is provided by this subtitle, a complainant aggrieved by an adverse decision or action or by inaction within the time required by subsection (d) of this section may file an appeal to the Board.

      (f)      (1)      The Board shall adopt procedures as provided in the Administrative Procedure Act and in all respects shall be governed by the provisions of that Act. At least five members shall sit at each 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. The Board shall keep minutes of its proceedings.

            (2)      A decision of the Board is the final agency decision for purposes of judicial review under the Administrative Procedure Act or any other provision of law permitting an appeal to the courts from a decision of a unit in the Department.

      (g)      (1)      At a hearing of the Board, the Chairman or, in his absence, the acting chairman may administer oaths and issue subpoenas and orders for the attendance of witnesses and the production of papers, books, and documents.

            (2)      If a person fails to comply with any subpoena or order issued under this subsection, the Chairman or acting chairman may invoke the aid of a court of competent jurisdiction. The court may order that person to obey the subpoena or order or to give evidence about the matter in question.

      (h)      Each appeal from a decision of the Board shall be as required in the Administrative Procedure Act except that, if there is a special provision of law governing an appeal from a particular unit, that provision shall govern any appeal from the decision of the unit.