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Session Laws, 1993
Volume 772, Page 2827   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                            Ch. 564

(9)      AN ORDER MAY:

(I)       INCLUDE ANY REMEDIES, INCLUDING REINSTATEMENT OF A
PUBLIC EMPLOYEE WITH OR WITHOUT BACK PAY;

(II)     REQUIRE PERIODIC REPORTS ON THE EXTENT TO WHICH THE
PARTY HAS COMPLIED WITH AN ORDER; AND

(III)    BE DESIGNED TO PREVENT FUTURE UNFAIR LABOR
PRACTICES.

(10)    A PARTY WHO IS AGGRIEVED BY A FINAL DECISION OF AN UMPIRE
IS ENTITLED TO JUDICIAL REVIEW OF THE DECISION AS PROVIDED IN PARAGRAPH
(1.1) OF THIS SUBSECTION.

(11)    (I) WITHIN 30 DAYS AFTER THE ISSUANCE OF A FINAL ORDER, A
PETITION FOR JUDICIAL REVIEW SHALL BE FILED WITH THE CIRCUIT COURT FOR
PRINCE GEORGE'S COUNTY OR THE CIRCUIT COURT FOR MONTGOMERY COUNTY.

(II)     THE CIRCUIT COURT MAY NOT CONSIDER EVIDENCE THAT
WAS NOT OFFERED IN THE PROCEEDING BEFORE THE UMPIRE UNLESS THE COURT
DETERMINES THAT THE FAILURE TO OFFER THE EVIDENCE SHALL BE EXCUSED
BECAUSE OF EXTRAORDINARY CIRCUMSTANCES.

(III)    THE CIRCUIT COURT MAY NOT OVERTURN THE UMPIRE'S
DECISION UNLESS THE COURT FINDS THAT THE UMPIRE'S DECISION IS NOT
SUPPORTED BY SUBSTANTIAL EVIDENCE.

(12)     (I) A CHARGING PARTY MAY PETITION THE CIRCUIT COURT FOR
PRINCE GEORGE'S COUNTY OR THE CIRCUIT COURT FOR MONTGOMERY COUNTY
FOR ENFORCEMENT OF AN ORDER OF AN UMPIRE.

(II) UNLESS A PETITION FOR JUDICIAL REVIEW HAS BEEN FILED IN
ACCORDANCE WITH PARAGRAPH (11) OF THIS SUBSECTION, A PETITION FOR
ENFORCEMENT OF AN ORDER OF AN UMPIRE MAY NOT BE USED TO APPEAL THE
FINAL DECISION OF THE UMPIRE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 1993.

Approved May 27, 1993.

CHAPTER 564
(House Bill 895)

AN ACT concerning

Health Maintenance Organizations - Redomestication

FOR the purpose of establishing certain procedures for a foreign health maintenance

- 2827 -

 

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Session Laws, 1993
Volume 772, Page 2827   View pdf image
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