2013 Maryland Code
HEALTH - GENERAL
§ 2-207 - Appeals to Board; judicial review

§2-207.

(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, that person is entitled to appeal as provided in this section.

(b) Except as provided in subsection (e)(2) of this section, before beginning 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 after 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) 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 may 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 give a written decision and send a copy of it to the complainant within 30 days after 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) (1) 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.

(2) Subject to § 10-222 of the State Government Article, any party aggrieved by a decision in a contested case for which an appeal is provided to the Board may appeal directly to the Board.

(f) (1) The Board shall adopt procedural rules and regulations as provided in the Administrative Procedure Act and in all respects shall be governed by that Act. At least 3 members shall sit at each hearing of the Board when it sits 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 a final agency decision for purposes of judicial review under the Administrative Procedure Act or any other law that permits an appeal to the courts from a decision of a unit in the Department.

(g) (1) As to any issue for which the taking of evidence is authorized, the chairman or the acting chairman may administer oaths and issue subpoenas and orders for the attendance of witnesses and the production of evidence.

(2) If a person fails to comply with a lawful order or subpoena issued under this subsection, on the petition of the chairman or acting chairman, a court of competent jurisdiction may compel obedience to the order or subpoena or compel testimony or the production of evidence.

(h) Unless there is a special provision of law governing an appeal of a decision of a particular unit, each appeal from a decision of the Board shall be governed by the Administrative Procedure Act.