Theodore R. McKeldin, Governor                     127

(b) The court shall declare the rule invalid if it finds that it
violates Constitutional provisions or exceeds the statutory authority
of the agency or was adopted without compliance with statutory
rule-making procedures.

221.   Petition for Declaratory Rulings by Agencies.

On petition of any interested person or corporation, any agency
may issue a declaratory ruling with respect to the applicability to
any person, corporation, property or state of facts of any rule or
statute enforceable by it. A declaratory ruling, if issued after
argument and stated to be binding, is binding between the agency
and the petitioner on the state of facts alleged, unless it is altered
or set aside by a court. Such a ruling is subject to review in the
Circuit Court of the County or the Baltimore City Court, as the case
may be, in the manner hereinafter provided for the review of de-
cisions in contested cases. Each agency shall prescribe by rule the
form for such petitions and the procedure for their submission, con-
sideration, and disposition.

222.   Contested Cases; Notice, Hearing, Records.

In any contested case, all parties shall be afforded an opportunity
for hearing after reasonable notice. The notice shall state the time,
place and issues involved, but if, by reason of the nature of the
proceeding, the issues cannot be fully stated in advance of the hear-
ing, or if subsequent amendment of the issues is necessary, they shall
be fully stated as soon as practicable, and opportunity shall be
afforded all parties to present evidence and argument with respect
thereto. The agency shall prepare an official record, which shall in-
clude testimony and exhibits, in each contested case, but it shall not
be necessary to transcribe shorthand notes unless requested for pur-
poses of rehearing or court review. Informal disposition may also be
made of any contested case by stipulation, agreed settlement, consent
order, or default. Each agency shall adopt appropriate rules of pro-
cedure for notice and hearing in contested cases.

223. Rules of Evidence; Official Notice. In contested cases:

(a)  Agencies may admit and give probative effect to evidence
which possesses probative value commonly accepted by reasonable
and prudent men in the conduct of their affairs. They shall give
effect to the rules of privilege recognized by law. They may exclude
incompetent, irrelevant, immaterial and unduly repetitious evidence.

(b)  All evidence, including records and documents in the possession
of the agency, of which it desires to avail itself, shall be offered and
made a part of the record in the case, and no other factual informa-
tion or evidence shall be considered in the determination of the case.
Documentary evidence may be received in the form of copies of OR
excerpts, or by incorporation by reference.

(c)  Every party shall have the right of cross-examination of the
witnesses who testify, and shall have the right to submit rebuttal
evidence.

(d)  Agencies may take notice of judicially cognizable facts and
in addition may take notice of general, technical, or scientific facts
within their specialized knowledge. Parties shall be notified either