MARVIN MANDEL, Governor

3765

application by petition to show cause is made to the
Court before the date set for hearing for leave to
present additional evidence on the issues in the case
either by the party appealing or any party in interest,
and if it is shown to the satisfaction of the Court after
a hearing thereon that the additional evidence is
material and that there were good reasons for failure to
present it in the proceedings before the District
Council, the Court shall order that the additional
evidence be taken before the District Council upon [such]
conditions [as] WHICH the Court deems proper, and the
case shall be forthwith remanded to the District Council
for the taking of [such] additional testimony. In cases
in which the additional evidence is taken before the
District Council, the [said] District Council may modify
or reverse its previous findings and decision by reason
of the additional evidence and shall file with the
reviewing Court, to become part of the record, the
additional evidence together with any modifications or
new findings or decision.

(h) Court procedure. The review shall be
conducted by the Court without a jury. In cases of
alleged irregularities in procedure before the District
Council not shown in the record, testimony thereon may be
taken in the Court. The Court upon request shall hear
oral argument and receive written briefs.

(i) Court's action. The Court may affirm the
decision of the District Council or remand the case for
further proceedings; or it may reverse or modify the
decision if the substantial rights of the petitioners
[may] have been prejudiced because the administrative
findings, inferences, conclusions, or decisions are (1)
in violation of constitutional provisions; or (2) in
excess of the statutory authority or jurisdiction of the
agency; or (3) made upon unlawful procedure; or (4)
affected by other error of law; or (5) unsupported by
competent, material and substantial evidence in view of
the entire record as submitted; or (6) arbitrary or
capricious.

(j) Further right of appeal. In Prince George's
County, the District Council, the applicant, or any part
to the Circuit Court review who is an aggrieved party,
may secure a review of any final judgment of the Prince
George's County Circuit Court under this [subheading]
TITLE by appeal to the Court of SPECIAL Appeals. [Such]
THE appeal shall be taken in the manner provided by law
for appeals from law courts in other civil cases. Each
[County Commissioner] MEMBER OF THE DISTRICT COUNCIL in
Prince George's County [shall be] IS entitled to vote on
whether the District Council shall appeal to the Court of
SPECIAL Appeals, regardless of whether [such County