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Session Laws, 1970
Volume 695, Page 1082   View pdf image
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1082                             Laws of Maryland                       Ch. 473

qualifications, standards, and facilities are adequate and appropriate
for the purposes, program, training, and courses to be taught or
given therein. Any such certificate may be revoked at any time for
cause by the State Board of Education but only in the manner herein
described. Before any such certificate may be revoked the State
Superintendent of Schools shall first give the school involved a writ-
ten notice of his intention to require such school to show cause before
the State Board of Education why such certificate of approval
should not be revoked. Such notice of intention shall clearly specify
the grounds for his proposed action and shall give such school thirty
days in which to correct the conditions complained of therein. If at
the end of said thirty-day period, or such extensions thereof as may
be granted by the State Superintendent of Schools, the State Super-
intendent of Schools shall still be dissatisfied he shall give such
school a written order requiring such school to show cause, if any,
at a hearing before the State Board of Education to be held at a
specific time therein designated, not less than thirty days after the
date of such order, why such school's certificate of approval should
not be revoked. Upon such hearing or upon the failure of any
representative of the school to attend such hearing, the State Board
of Education may revoke such certificate of approval by an order
of revocation effective fifteen days from the date thereof; pro-
vided, however, such school may appeal from the Board's decision
to the circuit court of the county wherein the applicant purposes
to operate, or to the Superior Court of Baltimore City, if the
applicant purposes to operate therein. The State Board may
stay its order pending the determination of such appeal. Any ap-
plicant who has been denied a certificate shall be entitled to a hearing
before the State Board of Education which may affirm or reverse the
action of the State Superintendent of Schools. Any applicant ad-
versely affected by a decision of the State Board of Education
affirming the action of the State Superintendent of Schools in deny-
ing a certificate may appeal from the Board's decision to the circuit
court of the county wherein the applicant purposes to operate, or to
the Superior Court of Baltimore City, if the applicant purposes to
operate therein. On any such appeal from the action of the State
Board of Education in either revoking such certificate or in affirm-
ing the action of the State Superintendent of Schools in denying a
certificate, there shall be rebuttable presumption that the action of
the State Board of Education is proper and in the public interest.
The burden of proof shall be upon the appellant to show that the
decision complained of is either against the public interest, or that
the State Board of Education's discretion in rendering its decision
was not honestly and fairly exercised or was arbitrary or unsup-
ported by any substantial evidence or was unreasonable or beyond
the powers of the Board or illegal. The appeal shall be heard by the
court without a jury or with a jury if either party so requests. The
State Board may be a party to such appeal. If the court affirms the
action of the State Board of Education in revoking a certificate, the
revocation of such certificate shall thereupon become effective, if
previously stayed. Either party shall have the right of appeal to the
Court of Appeals from any decision of the court on the question of
denial or revocation of a certificate.]

12.

(b) The State Superintendent of Schools shall issue a certificate
of approval to any applicant operating or proposing to operate a


 

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Session Laws, 1970
Volume 695, Page 1082   View pdf image
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