128 Laws of Maryland [Ch. 94
before or during hearing, or by reference in preliminary reports or
otherwise, of the material so noticed, and they shall be afforded an
opportunity to contest the facts so noticed. Agencies may utilize their
experience, technical competence and specialized knowledge in the
evaluation of the evidence presented to them.
224. Examination of Evidence by Agency.
Whenever in a contested case, a majority of the officials of the
agency who are to render the final decision have not heard or read
the evidence, the decision, if adverse to a party to the proceeding
other than the agency itself, shall not be made until a proposal for
decision, including findings of fact and conclusions of law, has been
served upon the parties, and an opportunity has been afforded to
each party adversely affected to file exceptions and present argument
to a majority of the officials who are to render the decision, who shall
personally consider the whole record or such portions thereof as may
be cited by the parties.
225. Decisions and Orders. Every decision and order adverse to
a party to the proceedings, rendered by an agency in a contested case,
shall be in writing or stated in the record and shall be accompanied
by findings of fact and conclusions of law. The findings of fact shall
consist of a concise statement of the conclusions upon each contested
issue of fact. A copy of the decision and order and accompanying
findings and conclusions shall be delivered or mailed promptly to each
party or to his attorney of record.
226. Judicial Review of Contested Cases.
(a) Any party aggrieved by a final decision in a contested case,
whether such decision is affirmative or negative in form, is entitled
to judicial review thereof under this sub-title.
(b) Proceedings for review shall be instituted by filing a petition
in the Circuit Court of the County or in the Baltimore City Court, as
the case may be, EITHER WHERE ANY PARTY RESIDES OR
HAS HIS OR ITS PRINCIPAL PLACE OF BUSINESS, within
thirty days after service of the final decision of the agency. Copies
of the petition shall be served upon the agency and all other parties
of record, in the manner provided by the rules of court. The court,
in its discretion, may permit other interested persons to intervene.
(c) The filing of the petition shall not stay enforcement of the
agency decision; but the agency may do so, or the reviewing court
may order a stay upon such terms as it deems proper.
(d) Within thirty days after service of the petition, or within
such further time as the court may allow, the agency shall transmit
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.
(e) 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,
|