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Session Laws, 1961 (Special Session), House and Senate Journals
Volume 648, Page 10   View pdf image (33K)
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12 LAWS OF MARYLAND [CH. 1

to the Director. Such communication shall include the designation
of a time and place for a departmental hearing before the Director,
which shall in no event be less than twenty (20) days from the date of
the mailing of such order. If, at such time and place, no one appears
on behalf of the association, the order shall become final and con-
clusive on all parties.

(e) Departmental Hearing. If, upon receipt of a communication
provided for in sub-section (b) hereof, the recipient thereof desires
to be heard, the Director shall conduct a departmental hearing. If,
after such hearing, the Director shall issue an order relative to the
subject matter thereof, such order shall be mailed, registered mail,
return receipt requested, to the association affected thereby, as pro-
vided in sub-section (b) hereof. Such order shall be final but subject
to appeal under the provisions of sub-section (d) hereof.

(d) Appeal from final order. If, after departmental hearing, the
Director issues a final order relative to the subject matter of such
hearing, as provided in sub-section (e) hereof, the association affected
or the holders of at least ten per cent (10%) of the par value of the
free shares of said association shall have the right, within thirty
(30) days of the date of mailing of such order, to appeal from such
order by filing a petition in the Circuit Court of Baltimore City or
in the circuit court for the county in which the principal Maryland
office of the association is located. Such petition for appeal shall
set forth the action appealed from and the basis for the appeal;
copies of the petition shall be served upon the Director and all other
parties of record.

(e) Judicial review. The court to which the appeal is taken shall
hear the matter de novo, without a jury, and the parties may call
such witnesses and introduce such evidence as may be proper in
the premises. The court may affirm, reverse, or modify the order
appealed from, or remand the case to the Department for further
proceedings as may be required. An appeal may be taken from the
decision of the court hearing said appeal to the Court of Appeals
of Maryland by any party to the proceedings in the same manner as
other appeals are taken from decrees or orders of courts.

(f) Stay. No appeal shall stay the operation of any final order
of the Director unless ordered by the court in which the appeal
is pending and upon such terms and conditions as the court may
prescribe.

160-1. EXAMINERS AND HEARING OFFICERS.

(a) Designation. The Director may designate, from personnel
now or hereafter employed in the State service and assigned to the
Department, such examiners and hearing officers as may be neces-
sary for the administration of this sub-title and provided for in the
budget. The designation of all examiners and hearing officers shall
be from the classified service of the State of Maryland, and in accord-
ance with the rules and practice of the merit system.

(b) Disqualification. Such examiners and hearing officers shall
not be officers, directors, attorneys, employees or agents of, or in
any manner interested in, any association, except that they may be
holders of free share accounts.



 

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Session Laws, 1961 (Special Session), House and Senate Journals
Volume 648, Page 10   View pdf image (33K)
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