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Session Laws, 1945
Volume 589, Page 1443   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 1443

order inquired into and determined. Such writ shall be made
returnable not later than 20 days after the date of the issu-
ance thereof and shall direct the Department to certify its
record, which shall include all the proceedings and the evi-
dence taken in the case, to the court, but new or additional
evidence may be introduced at the discretion of the said court.
The review shall not be extended further than to determine:

A. Whether or not the Commissioner acted without or in
excess of his powers.

B. Whether or not there is substantial evidence to support
the Commissioner's order.

C. Whether or not there is a question of law.

The findings and conclusions of the Commissioner on ques-
tions of fact when supported by substantial evidence shall be
conclusive and final, otherwise not, such questions of fact shall
include ultimate facts and the findings and conclusions of the
Commissioner. The Commissioner and any party to the hear-
ing or proceeding before the Commissioner shall have the right
to appear in the review proceeding. Upon the hearing, the
court shall enter judgment either affirming the Commissioner's
orders or directing what order the Commissioner shall issue,
based upon the evidence presented.

No court, except the aforesaid courts shall have jurisdiction
to review, reverse or annul or to suspend or delay the opera-
tion or execution of any order of the Commissioner relating
to the granting or denial of applications for licenses here-
under; but as regards any other matter, any person, aggrieved
by any order or act of the Commissioner shall not be limited
in his manner or method of proceeding, but may proceed by
any applicable proceeding provided or recognized by the laws
and procedures of the State of Maryland.

164. (Posting of License. ) Each license shall state the
address at which the business is to be conducted and shall
state fully the name of the licensee, and if the licensee is a
co-partnership or association, the names of the members there-
of, and if a corporation, the date and place of its incorpora-
tion. Each license shall be kept conspicuously posted in the
licensed place of business and shall not be transferable or
assignable.

165. (Continuing License; Annual Fee. ) Each license shall
remain in full force and effect until surrendered, revoked, or
suspended as hereinafter provided. Every licensee shall, on
or before the tenth day of each December, pay to the Com-
missioner the sum of One Hundred Fifty Dollars ($150) for

 

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Session Laws, 1945
Volume 589, Page 1443   View pdf image (33K)
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