MARVIN MANDEL, Governor

1251

filing of the notice of appeal, pending the final
determination of the issue, shall act as a stay of any
such ruling, order or decision, except where such ruling,
order or decision approves or permits a filing of an
insurer or rating organization.

The Baltimore City Court shall hear and decide the
appeal within 60 days after the date of the filing of the
notice of appeal, and shall affirm, reverse or modify the
Commissioner's order or decision appealed from.

If the Baltimore City Court finds that the
Commissioner's order or decision is not supported by the
preponderance of the evidence on consideration of the
record as a whole, or is not in accordance with law, the
court shall reverse or modify the Commissioner's order or
decision in whole or in part.

An appeal to the Court of SPECIAL Appeals [of
Maryland] may be taken from the decision of the Baltimore
City Court as in other civil cases. The Commissioner
shall be made a party to every appeal of this nature.

SECTION       12.        AND BE IT FURTHER ENACTED, That

Sections 72 and 91 (b) of Article 56 — Licenses, of the
Annotated Code of Maryland (1972 Replacement Volume and
1975 Supplement) be and they are hereby repealed and
reenacted, with amendments, to read as follows:

Article 56 - Licenses

72.

Any person aggrieved by any order of the Comptroller
suspending, revoking, or refusing a special cigarette
license may appeal to the Baltimore City Court or the
circuit court of the county where he resides or has his
principal place of business. The appeal shall be tried
on the record made before the Comptroller, with the right
reserved to either party to offer additional evidence, if
desired, and the court shall determine the issue de novo,
after considering the applicable provisions of the law
and all of the evidence before it. The decision of the
reviewing court may be appealed to the Court of SPECIAL
Appeals [of Maryland].

91.

(b) Any person aggrieved by any decision of the
Superintendent, after a hearing, in refusing to issue or
renew a license, or revoking or suspending a license
shall have the right to judicial review thereof, which
review shall be without the intervention of a jury, by
appeal to the circuit courts for the several counties or
the Baltimore City Court, as the case may be. Said
review shall be had on the record and proceedings before
the Superintendent; provided that, in the discretion of
the court, any party, including the Superintendent, shall
have the right to present any new or additional evidence
pertinent to the matter. The determination of the
Superintendent shall be prima facie correct and the