The Maryland Court of Appeals has already held the virtually identical language in the precursor statute to § 12-201 to be sufficiently definite and unambiguous to permit it to stand as proper legislative guidance to the State Board for Higher Education. Schneider v. Pullen, 198 Md. 64, 81 A.2d 226 (1951). In Schneider, a barber challenged the language about which Havis complains as an unlawful delegation of legislative power "because it provides no definite standards by which the State Superintendent of Schools is to be guided in issuing his regulations and in granting permits."

It is clear that a court of equity has jurisdiction over issues involving the maintenance of civil rights, Adams v. Commissioners of Town of Trappe, 204 Md. 165, 102 A.2d 830 (1954), and at least in some matters involving consideration of personal rights, e.g., rights protected by the federal or state constitutions. In Schneider v. Pullen, 198 Md. 64, 68, 81 A.2d 226, 228 (1951), we flatly held "that where constitutional questions are involved, the litigant has the right to raise them in a court of equity, and such court has the right to consider them." To the same effect, see Poe v. Baltimore City, 241 Md. 303, 216 A.2d 707 (1966); Maryland Committee for Fair Representation v. Tawes, 228 Md. 412, 180 A.2d 656 (1962); Kracke v. Weinberg, 197 Md. 339, 79 A.2d 387 (1951).

We, and our predecessors, however, have sustained delegations of legislative power to administrative officials, boards and commissions involving comparable guides and standards or even those less restrictive. See, e.g., McBriety v. Baltimore City, 219 Md. 223, 238, 148 A.2d 408, 418 (1959) [rules and regulations "proper and necessary" to enforce multiple-family dwelling ordinance for protection of the public interest]; Givner v. Commissioner of Health of Baltimore City, 207 Md. 184, 191-92, 113 A.2d 899, 902 (1955) [rules and regulations "necessary and proper" for the enforcement of the health ordinance], citing with approval Petrushansky v. State, 182 Md. 164, 32 A.2d 696 (1943) ["maintain the premises in clean condition"]; Schneider v. Pullen, 198 Md. 64, 81 A.2d 226 (1951) [Private trade schools must obtain certificates of approval by the State Superintendent of Schools where the conditions of entrance, scholarship, educational qualifications, standards and facilities "were adequate and appropriate" for the purposes, program, training and courses to be taught.]. In Givner, we said in regard to our prior decisions:

"See also, e.g., Poe v. Baltimore City, supra, 241 Md. at 308-311, 216 A.2d at 709-711; Richmark Realty v. Whittlif, 226 Md. 273, 281, 173 A.2d 196, 200 (1961); Pressman v. State Tax Commission, 204 Md. 78, 84, 102 A.2d 821, 825 (1954) ("the constitutionality of a statute may be challenged in a declaratory judgment action on the ground that the title of the statute is not descriptive of the body, as required by the State Constitution"); Schneider v. Pullen, 198 Md. 64, 68-69, 81 A.2d 226, 228-229 (1951) (litigant "does not have to" invoke and exhaust his administrative remedy "in order to raise the constitutional question of the validity of the act as a whole"). The "constitutional exception" recognized in these cases does not mean that the constitutionality of a statute as a whole cannot be raised and initially decided in the statutorily prescribed administrative proceedings.

There are general statements in past opinions of this Court, which taken apart from the actual decisions involved, appear to support the claim that even though there be an administrative remedy, a court of equity may intervene and act when a constitutional question is involved. See Schneider v. Pullen, 198 Md. 64, 68, 81 A.2d 226 (1951); Kracke v. Weinberg, 197 Md. 339, 343, 79 A.2d 387 (1951). The law on the matter was made clear in Poe. It declared that where there is full opportunity for a property owner to protest an assessment to administrative agencies and adequate provisions for judicial review of the agencies' action, a court shall not take jurisdiction unless the administrative remedies have been exhausted.

There are general statements in past opinions of this Court, which taken apart from the actual decisions involved, appear to support the claim that even though there be an administrative remedy, a court of equity may intervene and act when a constitutional question is involved. See Schneider v. Pullen, 198 Md. 64, 68, 81 A.2d 226 (1951); Kracke v. Weinberg, 197 Md. 339, 343, 79 A.2d 387 (1951). The law on the matter was made clear in Poe. It declared that where there is full opportunity for a property owner to protest an assessment to administrative agencies and adequate provisions for judicial review of the agencies' action, a court shall not take jurisdiction unless the administrative remedies have been exhausted.

These sections had originally been enacted by Ch. 226 of the Acts of 1904 and had been involved in the Tag and Criswell cases. See also Schneider v. Pullen, 198 Md. 64, 70, 81 A.2d 226, which reaffirms the rule stated in Schneider v. Duer, supra. The Attorney General's brief for the appellees in this case lists some 37 States and the District of Columbia as having apprenticeship and examination statutes (including provisions for examination fees and annual renewal fees) comparable to the Maryland Barber Act.

We have accordingly held that where a special form of remedy is provided by statute, the litigant should resort to that form rather than pursue other remedies, although where a constitutional issue is raised, and there is no danger of by-passing administrative action, the question may properly be decided in a suit for injunction or declaratory decree before the time has arrived for invoking the statutory remedy. Kahl v. Consolidated Gas, Electric Light Power Co., 191 Md. 249, 258, 60 A.2d 754; Commissioners of Cambridge v. Eastern Shore Public Service Co., 192 Md. 333, 64 A.2d 151; Francis v. MacGill, 196 Md. 77, 75 A.2d 91; Kracke v. Weinberg, 198 Md. 339, 79 A.2d 387; Schneider v. Pullen, 198 Md. 64, 81 A.2d 226; Reiling v. State Comptroller, 201 Md. 384, 94 A.2d 261. The Retail Sales Tax Act and the Use Tax Act provide that any taxpayer may apply to the Comptroller for revision of the tax assessed against him, and the Comptroller shall act promptly upon the application and notify the taxpayer of his action.

Therefore, a litigant must first pursue the applicable administrative process; other remedies cannot be pursued prematurely. Schneider v. Pullen, 198 Md. 64, 68, 81 A.2d 226 (1951); Landover Books, Inc. v. Prince George's County, 81 Md. App. 54, 62, 566 A.2d 792 (1989). Although the Commission has not argued the principles pertaining to exhaustion of administrative remedies, the failure to exhaust administrative remedies is sometimes treated like a jurisdictional issue.

One who is subjected to a licensing statute which allegedly vests unbridled discretion in a government official over whether to permit or deny an activity which falls within the scope of First Amendment protection, may challenge the ordinance facially without the necessity of first applying for and being denied a license, or as in this case, a special exception. City of Lakewood v. Plain Dealer Publishing Co., 486 U.S. 750, 755, 108 S.Ct. 2138, 2143, 100 L.Ed.2d 771 (1988). See also Schneider v. Pullen, 198 Md. 64, 69, 81 A.2d 226 (1951). Accordingly, Landover's failure to apply for a special exception does not preclude it from attacking the ordinance as unconstitutional.