Theodore R. McKeldin, Governor                  1489

in rendering its decision was not honestly and fairly exercised, or
that such decision was arbitrary, or procured by fraud, or unsup-
ported by any substantial evidence, or was unreasonable, or that such
decision was beyond the powers of the board, and was illegal. The
case shall be heard by the court without the intervention of a jury.
If in the opinion of the court it is impracticable to determine the
question presented to the court, in the case on appeal, without the
hearing of additional evidence, or if in the opinion of the court any
qualified litigant has been deprived of the opportunity to offer evi-
dence, or if the interests of justice otherwise require that further
evidence should be taken, the court may hear such additional testi-
mony to such extent and in such manner as may be necessary.

(ii) In Prince George's County notwithstanding any other pro-
vision of this Article, but in addition thereto the Court may reverse
or modify the decision of the Board of License Commissioners or
remand the proceedings to the Board of License Commissioners if
the Court should determine that the substantial rights of the peti-
tioners ANY PARTY APPEALING, WHETHER PETITIONERS
FOR A LICENSE OR OBJECTORS TO THE ISSUANCE OF A
LICENSE OR ANY LICENSEE APPEALING FROM THE DE-
CISION OF THE BOARD, may have been prejudiced because the
findings, inferences, conclusions or decisions of the said Board were:

(1)  In violation of Constitutional provisions;

(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)  Against the weight of competent, material and substantial
evidence in view of the entire record, as submitted by the agency and
including additional evidence taken in open court; or

(7)   Unsupported by the entire record, as submitted by the agency
and including additional evidence taken in open court; or

(8)  Arbitrary or capricious.

166.
(d)

(4)  (i) If the court reverses the action of the local board it shall
file with the papers a written statement of the reasons therefor. The
court may modify, as well as affirm or reverse, the action of the local
board. Costs shall be awarded as in other civil cases.

(ii) In Prince George's County, in addition to the other powers of
the court provided in this Article, the court may remand the pro-
ceedings to the local board.

Sec. 2. And be it further enacted, That this Act shall take effect
June 1, 1957.

Approved April 15, 1957.