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§ 5-312. Action by Board

West's Annotated Code of MarylandPublic SafetyEffective: January 30, 2020

West's Annotated Code of Maryland
Public Safety (Refs & Annos)
Title 5. Firearms (Refs & Annos)
Subtitle 3. Handgun Permits (Refs & Annos)
Effective: January 30, 2020
MD Code, Public Safety, § 5-312
Formerly cited as MD CODE Art. 27, § 36E
§ 5-312. Action by Board
Request for review authorized
(a)(1) A person who is denied a permit or renewal of a permit or whose permit is revoked or limited may request to appeal the decision of the Secretary to the Office of Administrative Hearings by filing a written request with the Secretary and the Office of Administrative Hearings within 10 days after receipt of written notice of the Secretary's final action.
(2) A person whose application for a permit or renewal of a permit is not acted on by the Secretary within 90 days after submitting the application to the Secretary may request a hearing before the Office of Administrative Hearings by filing a written request with the Secretary and the Office of Administrative Hearings.
Hearings, decisions, and appeals
(b)(1) Within 60 days after the receipt of a request under subsection (a) of this section from the applicant or the holder of the permit, the Office of Administrative Hearings shall schedule and conduct a de novo hearing on the matter, at which witness testimony and other evidence may be provided.
(2) Within 90 days after the conclusion of the last hearing on the matter, the Office of Administrative Hearings shall issue a finding of facts and a decision.
(3) A party that is aggrieved by the decision of the Office of Administrative Hearings may appeal the decision to the circuit court.
Administrative procedure
(c)(1) Subject to subsection (b) of this section, any hearing and any subsequent proceedings of judicial review shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article.
(2) Notwithstanding paragraph (1) of this subsection, a court may not order the issuance or renewal of a permit or alter a limitation on a permit pending a final determination of the proceeding.
Reports
(d) On or before January 1, 2019, 2020, 2021, and 2022, the Office of Administrative Hearings shall report to the Governor and, in accordance with § 2-1257 of the State Government Article, the General Assembly:
(1) the number of appeals of decisions by the Secretary that have been filed with the Office of Administrative Hearings within the previous year;
(2) the number of decisions by the Secretary that have been sustained, modified, or reversed by the Office of Administrative Hearings within the previous year;
(3) the number of appeals that are pending; and
(4) the number of appeals that have been withdrawn within the previous year.

Credits

Added by Acts 2003, c. 5, § 2, eff. Oct. 1, 2003. Amended by Acts 2018, c. 253, § 1, eff. Oct. 1, 2018; Acts 2019, c. 8, § 5; Acts 2020, c. 2, § 1, eff. Jan. 30, 2020; Acts 2020, c. 4, § 1, eff. Jan. 30, 2020.
MD Code, Public Safety, § 5-312, MD PUBLIC SAFETY § 5-312
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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