184 Laws of Maryland Ch. 99
Any institution, agency, society or persons authorized to make a
placement aggrieved by any decision of the State Department in any
matter relating to the issue, revocation or suspension of a license
under this subtitle, or failure of the State 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 having equity
jurisdiction, if such office or residence is in Baltimore City. The
State Department may be a party in any such appeal.
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
subtitle, 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 Special 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 Special Appeals, shall operate to stay any criminal
prosecution of a licensee for operation, pending a final decision in
the case appealed from and also to suspend the operation of any
injunction for operating without a license, pending a final disposi-
tion of such appeal. While the matter is pending before a court, the
care, custody and control of a minor or minors exercised by the insti-
tution, agency, society or person authorized to make a placement
aggrieved by the decision of the State Department, shall be in the
discretion of the court.
Sec. 9. And be it further enacted by the General Assembly of
Maryland, That Section 56(a) of Article 101 of the Annotated Code
of Maryland (1957 Edition, 1964 Replacement Volume, 1969 Supple-
ment), title "Workmen's Compensation," subtitle "Appeals," be and
it is hereby repealed and re-enacted, with amendments, to read as
follows:
56.
(a) Any employer, employee, beneficiary or person feeling
aggrieved by any decision of the Commission affecting his interests
under this article, may have the same reviewed by a proceeding in
the nature of an appeal and initiated in the circuit court of the
county or in the common-law courts of Baltimore City having juris-
diction over the place where the accident occurred or over the person
appealing from such decision, and the court shall determine whether
the Commission has justly considered all the facts concerning the
injury, whether it has exceeded the powers granted it by the article,
and whether it has misconstrued the law and facts applicable in the
case decided. For the purposes of this section, the word "person"
shall be deemed to include the Subsequent Injury Fund as created
|
|