774 LAWS OF MARYLAND [CH. 441
88. (Practice on Proceedings for Review.)
Except as expressly otherwise provided by law, the practice on
proceedings for review under this subtitle, including but not limited
to service of process, rules of evidence, and costs shall be the same
as in equity cases. All court costs of review of any order of the
commission upon any complaint by one or more motor carrier com-
panies against one or more others shall be paid by the motor carrier
company or companies to which the final decision on review is
adverse.
89. (Evidence.)
(a) Any party may introduce new evidence on judicial review.
If such evidence is materially different from the evidence at the
hearing before the commission, the Court, unless all parties stipulate
in writing to the contrary, shall refer a transcript thereof to the
commission, and stay the proceedings for such time as it thinks
proper. The commission may modify its findings by reason of the
additional evidence, and shall file with the court, within such time as
the court directs, its report of action by reason of the additional
evidence. If the commission rescinds the action appealed from, the
appeal shall be dismissed; and any modification made by the com-
mission shall stand in place of the original action. In the absence
of rescission or modification by the commission, judgment shall be
rendered on the original order. No further evidence may be intro-
duced in the reviewing court after referral to the commission under
this section, unless the court finds that serious injustice would other-
wise result.
(b) The provisions of Section 74 (c), relating to incriminating
testimony, shall apply to proceedings for judicial review under this
subtitle.
90. (Scope of Review.)
Every final decision, order, rule or regulation of the commission
shall be prima facie correct and shall be affirmed unless clearly shown
to be (1) in violation of constitutional provisions, or (2) not within
the statutory authority or jurisdiction of the commission, or (3) made
upon unlawful procedure, or (4) arbitrary or capricious, or (5)
affected by other error of law, or (6) if the subject of review is an
order entered in a contested case after hearing, such order is unsup-
ported by substantial evidence on the record considered as a whole.
91. (Appeal to Court of Appeals.)
An aggrieved party may obtain further review of any final judg-
ment in any proceeding brought pursuant to this subtitle, by appeal
to the Court of Appeals. Such appeal shall be taken in the manner
provided by law for appeals from equity courts in other civil cases.
SUBTITLE VII—ENFORCEMENT AND PENALTIES
Enforcement
92. (Mandamus or Injunction.)
When the commission is of the opinion that any public service
company subject to its jurisdiction is violating or is about to violate
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