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Session Laws, 1962
Volume 651, Page 171   View pdf image (33K)
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J. MILLARD TAWES, Governor 171

tion, certify to such court questions of law involved in any decision
by it. In any judicial proceeding under this section, the findings of
the Board of Appeals as to the facts, if supported by evidence and
in the absence of fraud, shall be conclusive, and the jurisdiction of
said court shall be confined to questions of law. Such actions, and
the questions so certified, shall be heard in a summary manner and
shall be given precedence over all other civil cases except cases
arising under the Workmen's Compensation Law of this State. An
appeal may be taken from the decision of the circuit court of the
county, or the Superior Court of Baltimore City, to the Court of
Appeals of Maryland in the same manner, but not inconsistent with
the provisions of this article, as is provided in civil cases. It shall
not be necessary, in any judicial proceeding under this section, to
enter exceptions to the rulings of the Board of Appeals and no bond
shall be required for entering such appeal. Upon the final determina-
tion of such judicial proceeding, the Board of Appeals shall enter an
order in accordance with such determination. The Board of Appeals
may [shall be deemed to] be a party to any judicial action involving
any such decision, and may be represented in any such judicial action
by the Attorney General or by any qualified attorney who is a
regular salaried employee of the Board of Appeals, and has been
designated by it for that purpose, upon the recommendation of the
Attorney General.

15(c). [Within twenty days after the entry of any order of the
Board of Appeals as provided in subsection (a) or (b) of this sec-
tion, or as provided in § 8(d) of this article, a] -Any aggrieved
employer may secure a judicial review of the action of the Board
of Appeals under subsection (a) or (b) of this section or Section 8(d)
of this article
by appeal to the Superior Court of Baltimore City, or
to the circuit court of the county in which the employer does busi-
ness, as the case may be [, in which appeal the Board of Appeals
shall be made a defendant]. The Board of Appeals may be a party
to such appeal.
[In such appeal, a petition, which need not be
verified but which shall state the grounds upon which a review is
sought, shall be served upon a member of the Board of Appeals or
upon such person as the Board of Appeals may designate. With its
answer, the Board of Appeals shall certify and file with said court all
documents and papers and a transcript of all testimony, if any,
taken in the matter, together with its findings of fact and decision
therein. ] In any judicial proceeding under this section, the findings
of the Board of Appeals as to the fact, if supported by evidence and
in the absence of fraud, shall be conclusive and the jurisdiction of
said court shall be confined to questions of law. An appeal may be
taken to the Court of Appeals of Maryland in the same manner, but
not inconsistent with the provisions of this article, as is provided in
civil cases. It shall not be necessary, in any judicial proceeding under
this section, to enter exceptions to the rulings of the Board of
Appeals. In the event a final judgment is rendered in favor of such
employer the Executive Director shall refund to such employer, as
provided in subsection (b) of this section, an amount equal to the
amount of contributions or interest found by said court to have been
invalid or illegally collected.

SEC. 62. And be it further enacted, That Sections 5, 16 and 20 of
Article 96 of the Code, title "United States", sub-title "Acquisition


 

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Session Laws, 1962
Volume 651, Page 171   View pdf image (33K)
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