1984                                       LAWS OF MARYLAND                                 Ch. 643

IN CONTESTED CASES:

(A)    AGENCIES MAY ADMIT AND GIVE PROBATIVE EFFECT TO
EVIDENCE WHICH POSSESSES PROBATIVE VALUE COMMONLY ACCEPTED
BY REASONABLE AND PRUDENT MEN IN THE CONDUCT OF THEIR
AFFAIRS. THEY SHALL GIVE EFFECT TO THE RULES OF PRIVILEGE
RECOGNIZED BY LAW. THEY MAY EXCLUDE INCOMPETENT,
IRRELEVANT, IMMATERIAL AND UNDULY REPETITIOUS EVIDENCE.

(B)    ALL EVIDENCE, INCLUDING RECORDS AND DOCUMENTS IN
THE POSSESSION OF THE AGENCY, OF WHICH IT DESIRES TO AVAIL
ITSELF, SHALL BE OFFEREE AND MADE A PART OF THE RECORD IN
THE CASE, AND NO OTHER FACTUAL INFORMATION OR EVIDENCE SHALL
BE CONSIDERED IN THE DETERMINATION OF THE CASE. DOCUMENTARY
EVIDENCE MAY BE RECEIVED IN THE FORM OF COPIES OR EXCERPTS,
OR BY INCORPORATION BY REFERENCE.

(C)    EVERY PARTY SHALL HAVE THE RIGHT OF
CROSS-EXAMINATION OF THE WITNESSES WHO TESTIFY, AND SHALL
HAVE THE RIGHT TO SUBMIT REBUTTAL EVIDENCE.

(D)    AGENCIES MAY TAKE NOTICE OF JUDICIALLY COGNIZABLE
FACTS AND IN ADDITION MAY TAKE NOTICE OF GENERAL, TECHNICAL,
OR SCIENTIFIC FACTS WITHIN THEIR SPECIALIZED KNOWLEDGE.
PARTIES SHALL BE NOTIFIED EITHER BEFORE OR DURING HEARING,
OR BY REFERENCE IN PRELIMINARY REPORTS OR OTHERWISE, OF THE
MATERIAL SO NOTICED, AND THEY SHALL BE AFFORDED AN
OPPORTUNITY TO CONTEST THE FACTS SO NOTICED. AGENCIES MAY
UTILIZE THEIR EXPERIENCE, TECHNICAL COMPETENCE AND
SPECIALIZED KNOWLEDGE IN THE EVALUATION OF THE EVIDENCE
PRESENTED TO THEM.

241.

IN A CONTESTED CASE, WHENEVER A MAJORITY OF THE
OFFICIALS OF THE AGENCY WHO ARE TO RENDER THE FINAL DECISION
HAVE NOT HEARD THE EVIDENCE, THE DECISION, IF ADVERSE TO A
PARTY TO THE PROCEEDING OTHER THAN THE AGENCY ITSELF, SHALL
NOT BE MADE UNTIL A PROPOSAL FOR DECISION, INCLUDING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, HAS BEEN SERVED
UPON THE PARTIES, AND AN OPPORTUNITY HAS BEEN AFFORDED TO
EACH PARTY ADVERSELY AFFECTED TO FILE EXCEPTIONS AND PRESENT
ARGUMENT TO A MAJORITY OF THE OFFICIALS WHO ARE TO RENDER
THE DECISION, WHO SHALL PERSONALLY CONSIDER THE WHOLE RECORD
OR THOSE PORTIONS AS MAY BE CITED BY THE PARTIES.

242.

(A)    ANY PARTY AGGRIEVED BY A FINAL DECISION IN A
CONTESTED CASE, WHETHER THE DECISION IS AFFIRMATIVE OR
NEGATIVE IN FORM, IS ENTITLED TO JUDICIAL REVIEW THEREOF
UNDER THIS SUBTITLE.

(B)    PROCEEDINGS FOR REVIEW SHALL BE INSTITUTED IN THE
CIRCUIT COURT OF THE AGENCY'S WASHINGTON COUNTY. THE COURT,
IN ITS DISCRETION, MAY PERMIT OTHER INTERESTED PERSONS TO
INTERVENE.