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Session Laws, 1962
Volume 651, Page 146   View pdf image (33K)
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146 LAWS OF MARYLAND [CH. 36

the office of the Commissioner may be situated upon the grounds
that the action of the Commissioner is unlawful, unreasonable or
against the substantial weight of the evidence.
All such appeals
should be upon the record of proceedings before the Commissioner
[certified to the court by the said Commissioner, ] including a state-
ment of all facts considered by said Commissioner on which his
finding was based. Either side may introduce additional testimony
or other evidence in the circuit court. [Such petition of appeal
shall set forth concisely the particulars in which the action of the
Commissioner is claimed to be unlawful, unreasonable or against
the substantial weight of the evidence. ] If the court finds such error,
it shall remand the case to the Commissioner for further proceed-
ings in accordance with its opinion or order; otherwise the action
of the Commissioner shall be affirmed. From the final decision of
the court hearing such appeal, any company may take an appeal
to the Court of Appeals [in the same manner as in other equity
cases. The appeal to the circuit court shall be taken within thirty
days from the date of the order, action, or refusal to act of the
Commissioner, provided notice of such order, action or refusal
to act shall be furnished the company as hereinabove provided].

341.

The action of the Commissioner in revoking or refusing to grant
a license for the manufacture, sale or possession of explosives shall
be evidenced by a written notice given to the license holder or
applicant as the case may be. Such notice shall set forth the ground
or grounds on which the action of the Commissioner is based and
shall be deemed to have been given if delivered or mailed to the
license holder or applicant at the address given in the license or
application for license. Any person claiming to be aggrieved by
the action of the Commissioner in refusing to grant him a license
or in revoking a license previously granted to him, may [, not later
than the thirtieth day after the day of delivery or mailing of the
notice, as aforesaid, ] appeal to the circuit court of any county,
sitting in equity, or the Circuit Court of Baltimore City. [All such
appeals shall be initiated by a petition setting forth concisely the
particulars in which the action of the Commissioner is claimed
to be unlawful or erroneous. ] The hearing on [petition] appeal
shall be de novo on both the law and the facts and any party may
introduce testimony or other evidence. If the court finds the action
of the Commissioner to be unlawful or contrary to the substantial
weight of the evidence, it shall remand the case for further pro-
ceedings in accordance with its opinion, or order; otherwise, the
action of the Commissioner shall be affirmed. From the final de-
cision of the circuit court, any party to the case may take an
appeal to the Court of Appeals in the same manner as in other
equity cases.

352 (b) Until the expiration of the time allowed [under Sec-
tion 353 (a) of this sub-title] for filing [a petition] an order for
[review or] appeal, if no such [petition] order has been duly filed
within such time or, if an [a petition for review] order for appeal
has been filed within such time, then until the transcript of the
record in the proceeding has been filed in the circuit court of the
county or in the Circuit Court or Circuit Court No. 2 of Baltimore


 

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Session Laws, 1962
Volume 651, Page 146   View pdf image (33K)
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