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Session Laws, 1962
Volume 651, Page 166   View pdf image (33K)
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166 LAWS OF MARYLAND [CH. 36

any matter relating to the issue, revocation or suspension of a license
under this subtitle, or failure of the Department to act in any such
matter, shall have a right of appeal to the circuit court of the county
in which any such institution, agency, society or person authorized
to make a placement has its principal office or residence, as the
case may be, or to any court of Baltimore City haying equity juris-
diction, if such office or residence is in Baltimore City. [Such appeal
must be brought within thirty days following the action complained
of J The State Department [shall] may be a [made] party [defend-
ant] in any such [action] appeal [, and be served with due process
thereof according to the regular processes of the court].

After hearing the evidence in the case, the court shall render a
decision either upholding, reversing or amending the decision of
the State Department. If the court shall find that the decision of the
State Department complained of is based upon a rule or regulation
promulgated by the State Department in the administration of
this sub-title, and that such rule or regulation as applied to the
particular facts in the case at issue, is unreasonable, arbitrary or
capricious, the court may then declare that rule or regulation to be
inapplicable in the case at bar and render its decision accordingly.

From the decision of the trial court, a further RIGHT OF appeal
shall lie to the Court of Appeals, at the instance of either party,
during the time allowed and according to the general practice for
appeals in equity cases.

An appeal taken as provided in this section, either to a trial court
or to the Court of Appeals, shall operate to stay any criminal prose-
cution of a licensee for operation, pending a final decision in the
case appealed from and also to suspend the operation of any in-
junction for operating without a license, pending a final disposition
of such appeal. While the matter is pending before a court, the
care, custody and control of a minor or minors exercised by the
institution, agency, society or person authorized to make a place-
ment aggrieved by the decision of the State Department, shall be in the
discretion of the Court.

SEC. 56. And be it further enacted, That Section 7, and sub-sections
(b), (c) and (f) of Section 17 and Section 18 of Article 89B of the
Code, title "State Roads", sub-title "In General", be and they are
hereby repealed and re-enacted, with amendments, to read as follows:

7.

The Commission created under this article is hereby authorized
and directed to include in its work of improving the system of main
roads of the State, the improvement of such portions of the main
roads selected by said Commission as a part of such system as lie
inside the limits of the City of Baltimore, provided that on com-
pletion of such improvements, the portions of the roads so improved
within the city limits shall be city streets under the provision of
the city charter. The said Commission, in addition to the powers
hereinbefore mentioned, shall have full powers and be charged with
the full duties to select, construct, improve and maintain such a gen-
eral system of improved State roads and highways, as can reason-
ably be expected to be completed with the funds herein provided in
and through all the counties of this State; provided the State Roads


 

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Session Laws, 1962
Volume 651, Page 166   View pdf image (33K)
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