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Session Laws, 1962
Volume 651, Page 145   View pdf image (33K)
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J. MILLARD TAWES, Governor 145

[The court shall determine whether the filing of the appeal
shall operate as a stay of any such order or decision of the Com-
missioner. ] The court may, in disposing of the issue before it,
modify, affirm or reverse the order or decision of the Commissioner
in whole or in part.

157 (4) (d) Any order or decision of the Commissioner shall
be subject to review, at the instance of any party in interest, in
accordance with the right of appeal as prescribed in Section 312
of this article. [In the case of disapproval or withdrawal of ap-
proval of a form previously in use the court shall determine
whether the filing of the appeal shall operate as a stay of any
such order or decision. ] The court may, in disposing of the issue
before it, modify, affirm or reverse the order or decision of the
Commissioner in whole or in part.

223 (17) (c) Any order or decision of the Commissioner shall
be subject to review, at the instance of any party in interest, in
accordance with the right of appeal as prescribed in Section 312
of this article.

[The court shall determine whether the filing of the appeal
shall operate as a stay of any such order or decision of the Com-
missioner. ] The court may, in disposing of the issue before it,
modify, affirm or reverse the order or decision of the Commis-
sioner in whole or in part.

232 (8) Any order or decision of the Commissioner shall be
subject to review upon appeal taken [within 30 days from the
date of such order or decision] by any party in interest to the
circuit court, sitting in equity, in any county, or to the Circuit
Court or THE Circuit Court No. 2 of Baltimore City, in which the
insurer has its principal office in this State upon the ground that
the action of the Commission is arbitrary, unreasonable or against
the weight of the evidence.
All such appeals should be upon the
record or proceedings before the Commissioner, [certified to the
Court by the Commissioner, ] including a statement of all facts
considered by the Commissioner, upon which his finding was
based. Either side may introduce additional testimony or other
evidence before the court. [The petition of appeal shall set forth
concisely the particulars in which the action of the Commissioner
is alleged to be arbitrary, unreasonable or against the weight of the
evidence. ] The decision of the circuit court shall conclude the matter
as to all parties, except that an insurer or the Insurance Com-
missioner may take an appeal from the final order to the Court of
Appeals, [in the same manner as in other equity cases. Any appeal
by an insurer from an order or decision of t] The Commissioner
[shall constitute a] may stay [to such] its order or decision until
the matter is finally concluded and determined.

312.

Any company claiming to be aggrieved because of any final action
taken by the Commissioner in refusing a license or in refusing
to renew any license or in revoking a license, of said company,
may appeal to the circuit court of any county sitting in equity,
or the Circuit Court or Circuit Court No. 2 of Baltimore City,
in which the company resides or is doing business, or in which


 

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Session Laws, 1962
Volume 651, Page 145   View pdf image (33K)
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