Marvin Mandel, Governor                        1083

private school or educational institution whose conditions of en-
trance, scholarship, educational qualifications, standards and facili-
ties are adequate and appropriate for the purposes, program, training
and courses to be taught or given therein. Any certificate may be
revoked at any time for cause by the State Superintendent of Schools
but only in the manner herein prescribed. Before any certificate
may be revoked, the State Superintendent of Schools shall first give
the school involved a written notice of conditions of which he com-
plains and shall give the school thirty days in which to correct those
conditions. If at the end of a thirty-day period or extensions thereof
as may be granted by the State Superintendent of Schools, the
State Superintendent of Schools is still dissatisfied, he shall issue the
school a written order requiring the school to close within fifteen
days from the date of the order; provided, however, the order shall
be stayed if within the fifteen day period, the school files a written
appeal to the State Board of Education requesting a hearing to seek
reversal of the State Superintendent's decision. Upon receipt of the
appeal, the State Board of Education shall require the school's repre-
sentative to appear before the Board at a specific time designated
not less than thirty days after the filing of an appeal for a hearing.
Upon the hearing of the matter or upon the failure or OF a represent-
ative of the school to attend the hearing, the State Board of Education
may affirm the decision of the State Superintendent of Schools pro-
vided, however, the school may appeal from the affirmation to the
Circuit Court of the county wherein the applicant proposes to oper-
ate or to the Superior Court of Baltimore City if the applicant
proposes to operate in the City of Baltimore. The order of the State

Superintendent of Schools shall be stayed pending the appeal. THE

STATE BOARD OF EDUCATION MAY STAY THE ORDER
PENDING THE APPEAL. Any applicant who has been denied a
certificate is 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 adversely affected by a decision of the State
Board of Education affirming the action of the State Superintendent
of Schools in denying a certificate may appeal from the Board's deci-
sion to the Circuit Court of the county wherein the applicant proposes
to operate, or to the Superior Court of Baltimore City if the applicant
proposes to operate in the City of Baltimore. On any appeal from the
action of the State Board of Education in either revoking a certificate
or affirming the action of the State Superintendent of Schools deny-
ing a certificate, there shall be a rebuttable presumption that the ac-
tion of the State Board of Education is proper and in the public inter-
est. 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 of Education may be a party to the appeal. If the court
affirms the action of the State Board of Education in revoking a
certificate, the revocation of the certificate shall thereupon become
effective, if previously stayed. Either party has the right of appeal
to the Court of Appeals from any decision of the court on the ques-
tion of denial or revocation of a certificate.