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Session Laws, 1976
Volume 734, Page 1397   View pdf image
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MARVIN MANDEL, Governor                                1397

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 substantial 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 of Education may be a party to the appeal.
If the court affirms the action of the State Board of
Education in revoking a certificate, the revocation of
the certificate shall thereupon become effective, if
previously stayed. Either party has 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)   Any such school or educational institution
shall be open for inspection by the State Superintendent
of Schools or his designated agent, at all reasonable
times. Every school or educational institution shall be
required 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)    The State Superintendent of Schools is hereby
authorized to issue rules and regulations not
inconsistent with this subtitle to supplement and
implement 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
thirty days from the issuance of such rules and
regulations. Such rules and regulations when approved
by the State Board of Education and filed with the clerk.
of the Court of Appeals and the Department of Legislative
Reference shall have the force and effect of law.

(e)   Any person, firm, corporation or association
violating any of the provisions of this section, or
violating the rules and regulations promulgated under the
provisions hereof, shall be deemed guilty of a
misdemeanor and fined not less than fifty dollars ($50)
nor more than one hundred dollars ($100) for each
offense.]

49.

 

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Session Laws, 1976
Volume 734, Page 1397   View pdf image
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