1578                                             LAWS OF MARYLAND                                [ Ch. 6

THE SECRETARY MAY SUSPEND OR CANCEL THE
REGISTRATION OF ANY PESTICIDE, IF HE DETERMINES THE
PESTICIDE, ITS LABELING, OR OTHER MATERIAL REQUIRED TO
BE SUBMITTED DOES NOT COMPLY WITH THE PROVISIONS OF
THIS SUBTITLE.

(C)   NOTICE AND HEARING.

IF THE SECRETARY REFUSES AN APPLICATION FOR
REGISTRATION OR PROPOSES TO SUSPEND OR CANCEL A
REGISTRATION, NOTICE OF THE PROPOSED ACTION SHALL BE
GIVEN TO THE APPLICANT OR REGISTRANT WHO MAY REQUEST A
HEARING WITHIN 30 DAYS FROM THE DATE OF RECEIPT. THE
SECRETARY SHALL CONDUCT THE HEARING AND SHALL PREPARE
AND SERVE UPON THE APPLICANT OR REGISTRANT A WRITTEN
STATEMENT CONTAINING ITS FINDINGS OF FACT AND AN
APPROPRIATE ORDER.

(D)   JUDICIAL REVIEW.

ANY PERSON ADVERSELY AFFECTED BY AN ORDER MAY
OBTAIN A REVIEW OF THE DECISION BY A CIVIL ACTION
COMMENCED WITHIN 30 DAYS AFTER THE DATE NOTICE OF THE
DECISION IS MAILED TO HIM. THE ACTION SHALL BE
BROUGHT IN THE CIRCUIT COURT OF THE COUNTY OR
BALTIMORE CITY COURT, IN WHICH THE PERSON RESIDES OR
HAS HIS PRINCIPAL PLACE OF BUSINESS. AS PART OF ITS
ANSWER, THE SECRETARY SHALL FILE A CERTIFIED COPY OF
THE TRANSCRIPT OF THE RECORD ON WHICH THE FINDINGS AND
ORDER IN QUESTION ARE BASED. THE COURT MAY ENTER,
UPON THE PLEADINGS AND TRANSCRIPT OF THE RECORD, A
JUDGMENT AFFIRMING, MODIFYING, OR REVERSING THE
DECISION OF THE SECRETARY OR MAY REMAND THE CASE FOR A
REHEARING. ANY FINDING OF THE BOARD OF REVIEW IS
CONCLUSIVE AS TO ANY FACT, IF SUPPORTED BY SUBSTANTIAL
EVIDENCE.

(E)   REMAND.

IF GOOD CAUSE IS SHOWN, THE COURT MAY ORDER
ADDITIONAL EVIDENCE TO BE TAKEN BEFORE THE SECRETARY
AT ANY TIME. AFTER THE CASE IS REMANDED, AND AFTER
HEARING ADDITIONAL EVIDENCE, THE SECRETARY MAY MODIFY
OR AFFIRM HIS FINDINGS OF FACT AND HIS ORDER, AND
SHALL FILE WITH THE COURT ANY ADDITIONAL AND MODIFIED
FINDINGS OF FACT, AND A TRANSCRIPT OF THE ADDITIONAL
RECORD UPON WHICH HIS ACTION IN MODIFYING OR AFFIRMING
WAS BASED. ANY ADDITIONAL OR MODIFIED FINDING OF FACT
AND ORDER IS CONCLUSIVE AS TO ANY FACT IF SUPPORTED BY
SUBSTANTIAL EVIDENCE.