J. MILLARD TAWES, Governor 161

by the State Superintendent of Schools, the State Superintendent
of Schools shall still be dissatisfied he shall give such school a
written order requiring such school to show cause, if any, at a
hearing before the State Board of Education to be held at a specific
time therein designated, not less than thirty days after the date
of such order, why such school's certificate of approval should not
be revoked. Upon such hearing or upon the failure of any repre-
sentative of the school to attend such hearing, the State Board of
Education may revoke such certificate of approval by an order of
revocation effective fifteen days from the date thereof [, ]; provided,
however, [that said revocation shall be stayed if within such fifteen
day period] such school may [files an] appeal from the Board's
decision to the circuit court of the county wherein the applicant
purposes to operate, or to the Superior Court of Baltimore City, if
the applicant purposes to operate therein. The State Board may
stay its order pending the determination of such appeal. Any appli-
cant who has been denied a certificate shall be entitled to a hearing
before the State Board of Education which may affirm or reverse
the action of the State Superintendent of Schools. Any applicant
adversely affected by a decision of the State Board of Education
affirming the action of the State Superintendent of Schools in
denying a certificate may appeal from the Board's decision to
the circuit court of the county wherein the applicant purposes to
operate, or to the Superior Court of Baltimore City, if the applicant
purposes to operate therein. On any such appeal from the action
of the State Board of Education in either revoking such certificate
or in affirming the action of the State Superintendent of Schools
in denying a certificate, there shall be a rebuttable presumption
that the action of the State Board of Education is proper and
in the public interest. The burden of proof shall be upon the
appellant to show that the decision complained of is either against
the public interest, or that the State Board of Education's dis-
cretion in rendering its decision was not honestly and fairly exer-
cised or was arbitrary or unsupported by any substantial evidence,
or was unreasonable or beyond the powers of the Board or illegal.
The appeal shall be heard by the court without a jury or with a
jury if either party so requests. The State Board may be a party
to such appeal. If the court affirms the action of the State Board
of Education in revoking a certificate, the revocation of such cer-
tificate shall thereupon become effective, if previously stayed.
[but e] Either party shall have the right of appeal to the Court
of Appeals from any decision of the court on the question of denial
or revocation of a certificate [provided that no such appeal shall
have the effect of further staying the revocation of a certificate.
There shall be no other remedy in any other courts by way of
mandamus, injunction, certiorari or otherwise].

SEC. 49. And be it further enacted, That Section 42 of Article 78
of the Code, title "Public Service Commission Law", sub-title
"Public Service Companies", sub-heading "Railroad Companies";
sub-section (a) of Section 91, Section 92, sub-section (a) of Section
93 and sub-sections (a) and (b) of Section 94 of Article 78 of the
Code, title "Public Service Commission Law", sub-title "Judicial
Review" be and they are hereby repealed and re-enacted with
amendments, to read as follows: