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Session Laws, 1957
Volume 640, Page 1155   View pdf image (33K)
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Theodore R. McKeldin, Governor                    1155

Within thirty days after service of the petition, or within such
further time as the court may allow, the District Council shall trans-
mit to the reviewing court the original or a certified copy of the entire
record of the proceeding under review; 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 permit subsequent corrections or additions to the record when
deemed advisable.

If, before the date set for hearing, application is made to the court
for leave to present additional evidence on the issues in the case, and
it is shown to the satisfaction of the court that the additional evi-
dence is material and that there were good reasons for failure to
present it in the proceeding before the District Council, the court
may order that the additional evidence be taken before the District
Council upon such conditions as the court deems proper. In cases
in which the additional evidence is taken before the District Council,
it may modify its findings and decision by reason of the additional
evidence and shall file with the reviewing court, to become a part of
the record, the additional evidence, together with any modifications
or new findings or decision.

The review shall be conducted by the court without a jury. In
cases of alleged irregularities in procedure before the District Council
not shown in the record, testimony thereon may be taken in the court.
The court shall, upon request, hear oral argument and receive written
briefs.

The court may affirm the decision of the District Council or remand
the case for further proceedings; or it may reverse or modify the
decision if the substantial rights of the petitioners may have been
prejudiced because the administrative findings, inferences, con-
clusions, or decisions are:

In violation of Constitutional provisions; or

In excess of the statutory authority or jurisdiction of the agency;
or

Made upon unlawful procedure; or
Affected by other error of law; or

Unsupported by competent, material, and substantial evidence in
view of the entire record as submitted; or

Against the weight of competent, material and substantial evidence
in view of the entire record, as submitted by the agency; or

Arbitrary or capricious.

1113. (e) Appeals. An aggrieved party may secure a review of
any final judgment of the Prince George's County Circuit Court under
this sub-title by appeal to the Court of Appeals. Such appeal shall
be taken in the manner provided by law for appeals from law courts
in other civil cases.

Sec. 2. And be it further enacted, That all Acts or parts of Acts
which are inconsistent with the provisions of this Act are hereby
repealed to the extent of such inconsistency, but such repeal shall
not affect pending proceedings.

 

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Session Laws, 1957
Volume 640, Page 1155   View pdf image (33K)
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