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Session Laws, 1962
Volume 651, Page 106   View pdf image (33K)
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106 LAWS OF MARYLAND [CH. 36

the jurisdiction in which the applicant seeks to open the branch
bank. In such event |[, all papers in the case shall be forwarded to
the court by the Bank Commissioner and] the court shall hear the
case upon the papers and record.

87. Any banking institution as defined in Section 63 of this
article, whether incorporated under this article or by special act,
which shall hereafter be appointed executor, administrator, guardian
E, trustee, receiver, committee] or depositary by the order of [any]
an orphans' court shall be required to give bond for the faith-
ful performance of its duties in all cases where such bond is or
may be required of a natural person so appointed or acting, provided
such bond shall be requested by any person in interest or shall be
ordered by the court.

175. [Within 20 days a] After notice that the application for
a rehearing is denied, or if the application is granted [within 20
days] after notice of the rendition of a decision on the rehearing,
any interested party may apply to the circuit court of any county
or any law court of Baltimore City for the purpose of having the
lawfulness of any original order inquired into and determined.
([Such writ shall be made returnable not later than 20 days after
the date of the issuance thereof and shall direct the department
to certify its record, which shall include all the proceedings and
the evidence taken in the case, to the court, but n] New or additional
evidence may be introduced at the discretion of the said court. The
review shall not be extended further than to determine:

(a) Whether or not the Commissioner acted without or in excess
of his powers.

(b) Whether or not there is substantial evidence to support the
Commissioner's order.

(c) Whether or not there is a question of law.

The findings and conclusions of the Commissioner on questions
of fact when supported by substantial evidence shall be conclusive
and final, otherwise not, such questions of fact shall include ultimate
facts and the findings and conclusions of the Commissioner. The
Commissioner [and any party to the hearing or proceeding before
the Commissioner] shall have the right to appear in the review
proceeding. Upon the hearing, the court shall enter judgment either
affirming the Commissioner's orders or directing what order the
Commissioner shall issue, based upon the evidence presented.

[No court, except the aforesaid courts shall have jurisdiction

to review, reverse or annul or to suspend or delay the operation
or execution of any order of the Commissioner relating to the
granting or denial of applications for licenses hereunder; but as
regards any other matter, any person, aggrieved by any order or
act of the Commissioner shall not be limited in his manner or
method of proceeding, but may proceed by any applicable proceeding
provided or recognized by the laws and procedures of the State of
Maryland. ]

184. Any person, whose license is revoked or suspended by the
Commissioner as provided in this sub-title, may E, within thirty days
after the final order of the Commissioner, ] appeal to the circuit


 

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Session Laws, 1962
Volume 651, Page 106   View pdf image (33K)
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