§ 5-313. Appeals  


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  •    (a) Administrative appeals. -- Except as otherwise provided in this section for an action under § 5-311 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may:

       (1) Appeal that decision to the Board of Review; and

       (2) Then take any further appeal allowed by the Administrative Procedure Act.

    (b) Judicial appeals. --

       (1) Any person aggrieved by a final decision of the Board under § 5-311 of this subtitle may not appeal to the Secretary or the Board of Review but may take a direct judicial appeal.

       (2) The appeal shall be made pursuant to the provisions on judicial review of final decisions in Title 10, Subtitle 2 of the State Government Article.

    (c) Order not stayed pending review. -- An order of the Board may not be stayed pending review.


HISTORY: 1985, ch. 773; 1986, ch. 703; 1990, ch. 6, § 11; 1991, ch. 280; 2004, ch. 439; 2005, ch. 25, § 13; 2006, ch. 382.