Theodore R. McKeldin, Governor                     129

and it is shown to the satisfaction of the court that the additional
evidence is material and that there were good reasons for failure to
present it in the proceeding before the agency, the court may order
that the additional evidence be taken IN OPEN COURT OR before
the agency upon such conditions as the court deems proper. The
agency IN CASES IN WHICH THE ADDITIONAL EVIDENCE
IS TAKEN BEFORE THE AGENCY, 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.

(f)  The review shall be conducted by the court without a jury and

shall be confined to the record, except that in. IN cases of alleged

irregularities in procedure before the agency, 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.

(g)   The court may affirm the decision of the agency 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-
elusions, or decisions are:

(1)  In violation of Constitutional provisions; or

(2)  In excess of the statutory authority or jurisdiction of the
agency; or

(3)  Made upon unlawful procedure; or
(4) Affected by other error of law; or

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

(6) Arbitrary or capricious.

(6) AGAINST THE WEIGHT OF COMPETENT, MATERIAL
AND SUBSTANTIAL EVIDENCE IN VIEW OF THE ENTIRE
RECORD, AS SUBMITTED BY THE AGENCY AND INCLUDING
DE NOVO EVIDENCE TAKEN IN OPEN COURT; OR

(7) UNSUPPORTED BY THE ENTIRE RECORD, AS SUB-
MITTED BY THE AGENCY AND INCLUDING DE NOVO EVI-
DENCE TAKEN IN OPEN COURT; OR

(8) ARBITRARY OR CAPRICIOUS.

227. Appeals. An aggrieved party may secure a review of any
final judgment of the Circuit Court or Baltimore City Court, as the
case may be, under this sub-title by appeal to the Court of Appeals.
Such appeal shall be taken in the manner provided by law for ap-
peals from law courts in other civil cases. This section shall not
apply to cases arising under Article 66½ of the Annotated Code of
the Public General Laws of Maryland in which no right to appeal to
the Court of Appeals is specifically provided.

Sec. 2. And be it further enacted, That if any provision of this
Act or the application thereof to any person or circumstances is held
invalid, such invalidity shall not affect other provisions or applica-

5