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Session Laws, 1941
Volume 582, Page 1216   View pdf image (33K)
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1216 LAWS OF MARYLAND. [CH. 703

mony may be offered for and against the accused. The action
of the Board shall be reduced to writing, stating also the rea-
sons for said action, and a copy thereof shall be delivered or
mailed to the person against whom complaint is made.

SEC. 2. And be it further enacted, That a new Section be
added to Article 43 of the Annotated Code of Maryland (1939
Edition), title "Health", sub-title "Undertakers", to follow im-
mediately after Section 338 of said Article, and to be known
as Section 338A, said new section to read as follows:

338A. Any person whose license shall have been suspended
or revoked under the provisions of Section 338 of this Article,
may appeal from the decision or the order of the said Board
to the Circuit Court of the County in which said person re-
sides, or to the Baltimore City Court if said person resides in
Baltimore City, and the Court shall determine whether the said
Board has exceeded the powers granted by this Article and
whether said Board has misconstrued the law and facts appli-
cable in the matter decided. Such appeal shall be taken within
twenty (20) days from the date of the decision or order com-
plained of by filing a notice of appeal in the office of the Clerk
of the Court to which said appeal is taken, whereupon the
Clerk shall forward a copy thereof to the said Board, direct-
ing the said Board to produce the records and testimony or
copies thereof, certified by it relating to the order or decision
appealed. The proceedings in every such appeal shall be in-
formal and summary before the Court, sitting without a jury,
but full opportunity to be heard shall be had before the order
of the Court is entered. If the Court shall determine that
the said Board has acted within its powers and has correctly
construed the law and the facts, the decision of the said Board
shall be affirmed. Otherwise, it shall be reversed or modified
and such order entered as the Court may deem proper. The
noting of such appeal shall operate as a stay of the decision
or order of the said Board.

SEC. 3. And be it -further enacted, That this Act shall take
effect on June 1, 1941.

Approved May 29, 1941.

CHAPTER 703.
(House Bill 800)

AN ACT to add a new section to Article 33 of the Annotated
Code of Maryland (1939 Edition), title "Elections", sub-title

 

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Session Laws, 1941
Volume 582, Page 1216   View pdf image (33K)   << PREVIOUS  NEXT >>


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