(a) 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)(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)(1) The Administrative Procedure Act1 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 Appellate Court of Maryland in accordance with the Maryland Rules.
Credits
Added by Acts 1999, c. 54, § 2, eff. Oct. 1, 1999. Amended by Acts 2021, c. 82, § 7, eff. Dec. 14, 2022; Acts 2021, c. 83, § 7, eff. Dec. 14, 2022.
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
