11.01.05.03

.03 Scope of Review.

A. Pursuant to Transportation Article, §2-505(b), Annotated Code of Maryland, the Board shall hear and determine appeals from the adoption of regulations by the Secretary of Transportation or by any administration or other agency within the Department. Regulations subject to review shall be as defined in State Government Article, §10-101(e), Annotated Code of Maryland. As set forth in State Government Article, §10-125, Annotated Code of Maryland, a complainant may initiate the appeal procedure when it appears that the regulation or its threatened application interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the complainant.

B. The appeal shall be based upon the allegation that the regulation violates constitutional provisions, exceeds the statutory authority of the agency, or was adopted without compliance with statutory promulgating procedures.

C. In addition, the Board shall hear and determine appeals from those actions or failures to act by any administration or agency within the Department of Transportation for which the Secretary, by regulation, provides for review by the Board.