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Session Laws, 1947
Volume 411, Page 1858   View pdf image (33K)
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1858 LAWS OF MARYLAND. [CH. 757

notice and opportunity for hearing, reopen and alter, modify
or set aside, in whole or in part, any order issued by him
under this section, whenever in his opinion conditions of fact
or of law have so changed as to require such action or if
the public interest shall so require.

265. (Judicial Review of Cease and Desist Orders.) (a)
Any person required by an order of the Commissioner under
Section 264 to cease and desist from engaging in any unfair
method of competition or any unfair or deceptive act or prac-
tice defined in Section 261 may obtain a review of such an
order by filing in the Circuit Court of the county, or in the
Circuit Court or the Circuit Court Number 2 of Baltimore
City, wherein the person resides or has his principal place
of business, within twenty (20) days from the date of the
service of such order, a written petition praying that the
order of the Commissioner be set aside. A copy of such peti-
tion shall be forthwith served upon the Commissioner, and
thereupon the Commissioner forthwith shall certify and file
in such Court a transcript of the entire record in the proceed-
ing, including all the evidence taken and the report and order
of the Commissioner. Upon such tiling of the petition and
transcript such Court shall have jurisdiction of the proceeding
and of the question determined therein, shall determine whe-
ther the filing of such petition shall operate as a stay of such
order of the Commissioner, and shall have power to make and
enter upon the pleadings, evidence, and proceedings set forth
in such transcript a decree modifying, affirming or reversing
the order of the Commissioner, in whole or in part.

(b) To the extent that the order of the Commissioner is
affirmed, the Court shall thereupon issue its own order com-
manding obedience to the terms of such order of the Commis-
sioner. If either party shall apply to the Court for leave to
adduce additional evidence, and shall show to the satisfaction
of the Court that such additional evidence is material and
that there were reasonable grounds for the failure to adduce
such evidence in the proceedings before the Commissioner, the
Court may order such additional evidence to be taken before
the Commissioner and to be adduced upon the hearing in such
manner and upon such terms and conditions as to the Court
may seem proper. The Commissioner may modify his find-
ings of fact, or make new findings by reason of the additional
evidence so taken, and he shall file such modified or new find-
ings which, if supported by the substantial weight of the
evidence shall be conclusive, and his recommendation, if any,
for the modification or setting aside of his original order,
with the return of such additional evidence.

 

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Session Laws, 1947
Volume 411, Page 1858   View pdf image (33K)
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