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Session Laws, 1969
Volume 692, Page 905   View pdf image
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MARVIN MANDEL, Governor                          905

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 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 discretion in rendering its decision was not honestly
and fairly exercised or was arbitrary or unsupported by any substan-
tial 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 revoca-
tion of such certificate shall thereupon become effective, if previously
stayed. 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.

(c)    Inspection, information, and reports.Any such school or
educational institution shall be open for inspection by the State
Superintendent of Schools or his designated agent, at all reason-
able times. Every school or educational institution shall be re-
quired to furnish such information and reports from time to time
as the State Superintendent of Schools shall deem necessary and
proper in the manner and on forms prescribed by him.

(d)    Rules and regulations for enforcement.The State Super-
intendent of Schools is hereby authorized to issue rules and regula-
tions not inconsistent with this subtitle to supplement and imple-
ment the purposes and provisions hereof, provided that the State
Superintendent of Schools shall prior to such issuance give thirty
days written notice of such proposed rules and regulations to the
schools or educational institutions affected thereby and shall afford
such schools or educational institutions a reasonable opportunity to
be heard regarding any objections they might have to such rules
and regulations. Any school or educational institution affected
thereby shall be given reasonable written notice of the final issuance
of such rules and regulations together with a copy thereof, and, if
aggrieved by any of the provisions therein, shall be entitled to a
hearing before the State Board of Education provided such school
or educational institution files a written protest with the Board within
thir