102 LAWS OF MARYLAND [CH. 36
license or certificate granted or restored or the order modified or
changed. Orders issued by the Commission pursuant to the pro-
visions of this article shall be served upon the persons affected either
by registered mail or in person. In every case where notice and
opportunity for hearing are required under the provisions of this
article, the order of the Commission shall, on not less than 21 days'
notice, specify a time when and place where the person affected may
be heard, or the time within which he may request hearing, and such
order shall become effective upon the expiration of the time for exer-
cising such opportunity for hearing, unless a hearing is held or
requested within the time provided, in which case the order shall be
suspended until the Commission shall affirm, disaffirm or modify such
order after hearing held or default by the person affected. All
hearings on such orders shall be conducted at or near the principal
office of the Commission. Any person aggrieved by an order of the
Commission or by the grant, denial or revocation of any approval,
license, or certificate, as provided in this article, may have the action
of the Commission reviewed by the circuit court for any county or the
Circuit Court or Circuit Court No. 2 of Baltimore City. Such appeal
shall be limited to questions of law only [, and shall be taken within
thirty (30) days from the date of the final order of the Commission
complained of, by petition setting forth the question or questions
desired to be reviewed. Notice of such appeals shall be served
on all parties directly in interest. Before the trial of such action,
on appeal, a transcript, duly certified by the Director of the Commis-
sion, of all papers and proceedings, including evidence in the case
before the Commission, except such as are omitted by stipulation in
writing of the parties to such action, shall be filed by the Commission
with the clerk of the court to which the appeal has been taken].
There shall be a further right of appeal to the Court of Appeals from
any decision of the circuit court for the counties or the Circuit Court
or Circuit Court No. 2 of Baltimore City, as the case may be.
SEC. 3. And be it further enacted, That sub-section (b) of Section
175 and Section 176 of Article 2B of the Code title "Alcoholic Bever-
ages", sub-title "Appeals" be and they are hereby repealed and re-
enacted, with amendments, to read as follows:
175. (b) Any licensee or applicant for a license, or any group of
not less than ten persons who are residents or real estate owners in
the precinct or voting district in which the licensed place of business
is located or proposed to be located, may [within ten days from the
date of any final decision of a local board, ] appeal therefrom to the
circuit court of the county, or in the city to the Baltimore City Court,
upon payment of all costs incident to the hearing before the local
board or local licensing official.
176. In Harford County, notwithstanding any other provisions in
this sub-title, (a) the liquor control board may elect to have any
appeal tried before a jury; and (b) in the case of an appeal where
the license has been suspended or revoked by the board, the board
may permit the applicant or licensee [shall be permitted] to operate
pending the appeal '[, provided he takes his appeal within five (5)
days and the case is disposed of within thirty (30) days by the court
on appeal. Failure of the licensee to prosecute his appeal to final
determination within thirty (30) days will cause the suspension or
revocation to become operative].
|
|