THEODORE R. McKELDIN, GOVERNOR 773
of Motor Vehicles, on order of the commission, the order of the
commission, and not the action of the Commissioner of Motor
Vehicles shall be subject to review.
84,. (Institution of Proceeding to Review.)
(a) Proceedings for review under Section 83 of this Article shall
be instituted by filing a petition in the Circuit Court for the county
where the petitioner has its principal office in this state, or in any
equity court in Baltimore City, within 60 days after the service of
the final decision of the commission. If a rehearing by the commis-
sion is duly applied for, the petition for judicial review may be filed
within 30 days after the service of the decision of the commission
denying the rehearing.
(b) The petition for review shall set forth the action appealed
from, and the grounds of the appeal, to wit, the respects in which
the action appealed from is alleged to be unlawful Copies of the
petition shall be served upon the commission and all other parties
of record.
85. (Effect of Proceedings to Review.)
The institution of proceedings for review of any rule, regulation
or order of the commission shall not stay enforcement of the com-
mission's action, but the commission may do so, or any judge of the
reviewing court may order a stay (upon notice to the commission
and after hearing) upon such terms as he deems proper. No order
of the commission shall be stayed, suspended, or enjoined, except as
provided by this section.
86. (Pleadings and Time of Trial.)
(a) Within 20 days after service of the petition for review, the
appellees shall respond by demurrer, answer or other appropriate
pleading, and the case shall stand ready for trial upon 15 days
notice by either party after answer.
(b) All proceedings before the courts (including the Court of
Appeals) under this article, including all those prosecuted by the
commission, all those to which the commission or the People's Counsel
has become a party, and all those in which any question arises under
this article, or which concern any rule, regulation, order or other
action of the commission, shall be preferred over all other civil
causes except election causes in all the courts of this state, irrespec-
tive of their position on the dockets; and the courts shall always be
open for the trial of such proceedings.
87. (Transcript.)
(a) Within 30 days after service of the petition, or within such
further time as the Court may allow, the commission shall transmit
to the reviewing court the original or a certified copy of all the pro-
ceedings before the commission; but by stipulation of all parties to
the review proceeding, the record may be shortened. Any party
unreasonably refusing to stipulate to limit the record may be taxed
by the court for the additional costs. The court may require or per-
mit corrections of the record before the commission or the certifica-
tion of additional parts of such record when deemed advisable.
(b) Notwithstanding the provisions of subsection (a) of this sec-
tion, no transcript need be filed until after disposition of any de-
murrer or similar pleading, and the expiration of the period there-
after for the filing of an answer.
|