(a)      The Board may make recommendations to the Secretary on the operation and administration of the Department as it determines necessary or desirable.

      (b)      (1)      The Board shall hear and determine any appeal from a decision of the Secretary or any unit in the Department if:

                  (i)      The decision is the adoption of a rule, as defined by the Administrative Procedure Act in Title 10 of the State Government Article;

                  (ii)      The appeal is subject to judicial review under the Administrative Procedure Act in §§ 10-125 and 10-128 of the State Government Article; and

                  (iii)      The challenge to the decision is based on one of the grounds set forth in the Administrative Procedure Act in §§ 10-125 and 10-128 of the State Government Article.

            (2)      By rule or regulation, the Secretary may require that the Board hear and determine appeals from those decisions, actions, or inactions of any unit in the Department for which review is provided by the rule or regulation.

      (c)      The Board shall report at least annually to the Secretary. Its report shall include a summary by categories of appeals heard and determinations made.

      (d)      A Board member may not participate in any determination or vote in any proceeding in which the member has a direct or indirect private interest.