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Session Laws, 1941
Volume 582, Page 619   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 619

may be fixed, hearings thereon jointly conducted, a single rec-
ord of the proceedings made, and evidence introduced with
respect to one proceeding considered as introduced in the
others, provided that in the judgment of the examiner, special
examiner, referee or Board having jurisdiction of the proceed-
ing, such consolidation would not be prejudicial to any party.
No person shall participate on behalf of the Board in any
case in which he has a direct or indirect interest. A record
shall be kept of all testimony and proceedings before special
examiners or in connection with an appeal, but, in the ab-
sence of an order by the Board, such testimony need not be
transcribed unless judicial review is initiated. Witnesses
subpoenaed pursuant to this section shall be allowed fees at
a rate fixed by the Board and fees of witnesses subpoenaed on
behalf of the Board or any claimant shall be deemed part of
the expense of administering this Act.

(h) Judicial Review. Within ten days after the decision of
the Board has become final, any party aggrieved thereby may
secure judicial review thereof by appeal to the Circuit Court
of the County or the Superior Court of Baltimore City, as
the case may be, in which appeal any other party to the pro-
ceeding before the Board shall be made a defendant. In such
appeal, a petition which need not be verified, but which shall
state the grounds upon which a review is sought, shall be
served upon a member of the Board, or upon such person as
the Board may designate and such service shall be deemed
completed service on all parties, but there shall be left with
the party so served as many copies of the petition as there
are defendants, and the Board shall forthwith mail one such
copy to each such defendant. With its answer the Board shall
certify and file with said Court all documents and papers and
a transcript of all testimony taken in the matter, together
with its findings of fact and decision therein. The Board
may also, in its discretion, certify to such Court questions of
law involved in any decision by it. In any judicial proceeding
under this section, the findings of the Board as to the facts, if
supported by evidence and in the absence of fraud, shall be
conclusive, and the jurisdiction of said court shall be con-
fined to questions of law. Such actions, and the questions so
certified, shall be heard in a summary manner and shall be
given precedence over all other civil cases except cases arising
under the Workmen's Compensation Law of this State. An
appeal may be taken from the decision of the Circuit Court of
the County, or the Superior Court of Baltimore City, to the
Court of Appeals of Maryland in the same manner, but not
inconsistent with the provisions of this Act, as is provided in
civil cases. It shall not be necessary, in any judicial pro-

 

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Session Laws, 1941
Volume 582, Page 619   View pdf image (33K)   << PREVIOUS  NEXT >>


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