2013 Maryland Code
HEALTH - GENERAL
§ 19-128 - Appeal of administrative decision

§19-128.

(a) (1) In this section, “aggrieved party” means:

(i) An interested party who presented written comments on the application to the Commission and who would be adversely affected by the decision of the Commission on the project; or

(ii) The Secretary.

(2) The grounds for appeal by the Secretary shall be that the decision is inconsistent with the State health plan or adopted standards.

(b) (1) A decision of the Commission shall be the final decision for purposes of judicial review.

(2) A request for a reconsideration will stay the final decision of the Commission for purposes of judicial review until a decision is made on the reconsideration.

(c) An aggrieved party may not appeal a final decision of the Commission to the board of review but may take a direct judicial appeal within 30 days of the final decision of the Commission.

(d) The Commission is a necessary party to an appeal at all levels of the appeal.

(e) In the event of an adverse decision that affects its final decision, the Commission may apply within 30 days by writ of certiorari to the Court of Appeals for review where:

(1) Review is necessary to secure uniformity of decision, as where the same statute has been construed differently by 2 or more judges; or

(2) There are other special circumstances that render it desirable and in the public interest that the decision be reviewed.