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Session Laws, 1950
Volume 587, Page 365   View pdf image (33K)
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WM. PRESTON LANE, JR., GOVERNOR 365

16C. (Investigations.) The State Department, acting
through any employee, officer, or agent it may designate, shall
have power to investigate the premises, facilities, policies,
and purposes of any such institution, agency, or society,
[individual, or set of individuals] Such investigation may
be conducted prior to the issue of any license under this sub-
title, or in relation to the possible revocation or suspension
of any such license.

16G. (Appeals.) Any institution, agency, society or per-
son authorized to make a placement [individual, or sets of
individuals] who may be aggrieved by the decision of any
agency or local board delegated to issue licenses by the State
Department shall have the right of appeal to the State De-
partment of Public Welfare.

Any institution, agency, society or person authorized to
make a placement [individuals, or sets of individuals] ag-
grieved by any decision of the State Department in any mat-
ter relating to the issue, revocation or suspension of a
license under this sub-title, or failure of the Department to
act in any such matter, shall have a right of appeal to the
Circuit Court of the county in which any such institution,
agency, society or person authorized to make a placement
'[individual or sets of individuals] has its principal office or
residence, as the case may be, or to any court of Baltimore
City having equity jurisdiction, if such office or residence is
in Baltimore City. Such appeal must be brought within
thirty days following the action complained of. The State
Department shall be made party defendant in any such ac-
tion, and be served with due process thereof according to the
regular processes of the Court.

After hearing the evidence in the case, the Court shall
render a decision either upholding, reversing or amending
the decision of the State Department. If the Court shall find
that the decision of the State Department complained of is
based upon a rule or regulation promulgated by the State
Department in the administration of this sub-title, and that
such rule or regulation as applied to the particular facts
in the case at issue, is unreasonable, arbitrary or capricious,
the Court may then declare.that rule or regulation to be in-
applicable in the case at bar and render its decision ac-
cordingly.

From the decision of the trial court, a further right of
appeal shall lie to the Court of Appeals, at the instance of
either party, during the time allowed and according to the
general practice for appeals in equity cases.

An appeal taken as provided in this section, either to a
trial court or to the Court of Appeals, shall operate to stay


 

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Session Laws, 1950
Volume 587, Page 365   View pdf image (33K)
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