Ch. 25 LAWS OF MARYLAND

(1) The filing of the appeal does not itself stay enforcement of the agency
decision. Except as otherwise provided by law, the agency may grant, or the Board may
order, with or without a hearing, a stay upon appropriate terms.

(2) If, before the date set for hearing, application is made to the Board for
leave to present additional evidence on the issues in the case, and it is shown to the
satisfaction of the Board that the additional evidence is material and that there were
good reasons for failure to present it in the proceeding before the agency, the Board
may order that the additional evidence be taken before the Board or before the agency
upon such conditions as the Board deems proper. In cases in which the additional
evidence is taken before the agency, it may modify its findings and decision by reason of
the additional evidence and shall file with the Board, to become a part of the record,
the additional evidence, together with any modifications or new findings or decision.

(3) In cases of alleged irregularities in procedure before the agency, not
shown in the record, testimony thereon may be taken before the Board. The Board may,
upon request, hear oral argument and receive written briefs.

(4) (i) The Board shall affirm the decision of the agency unless it
determines that substantial rights of the appellant have been prejudiced because the
procedures followed by the agency in rendering the decision were unlawful or
unauthorized or because the decision is:

1. Unconstitutional;

2. Beyond the statutory authority of the agency;

3. Based upon an error of law;

4. Not supported, based upon the entire record, by competent,
material, and substantial evidence; or

5. Arbitrary or capricious.

(ii) If the decision is not affirmed pursuant to subparagraph (i), the
Board shall reverse or modify the decision and, if appropriate, remand the case for
further proceedings.

(d) In cases other than contested cases, concerning actions or failures to act by
units or officials, for which appeals have been authorized by the Secretary by regulation,
appeals shall be heard by the Board pursuant to such provisions for review as the
Secretary may establish by regulations.

(e) The Board shall adopt procedures as provided in the Administrative
Procedure Act. At least four members shall sit at any hearing of the Board, constituted
as a board of appeal. Minutes of its proceedings shall be kept. The chairman, or acting
chairman, shall have the power to administer oaths and compel the attendance of
witnesses. Decisions shall be by a majority of the members sitting, shall be in writing,
and shall state the Board's reasons.

(f) The decision of the Board shall be the final unit decision for purposes of

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