BLAIR LEE III, Acting Governor                            1985

(C)    IF, BEFORE THE DATE SET FOR HEARING, APPLICATION
IS MADE TO THE COURT FOR LEAVE TO PRESENT ADDITIONAL
EVIDENCE ON THE ISSUES IN THE CASE, AND IT IS SHOWN TO THE
SATISFACTION OF THE COURT THAT THE ADDITIONAL EVIDENCE IS
MATERIAL AND THAT THERE WERE GOOD REASONS FOR FAILURE TO
PRESENT IT IN THE PROCEEDING BEFORE THE AGENCY, THE COURT
MAY ORDER THAT THE ADDITIONAL EVIDENCE BE TAKEN IN OPEN
COURT OR BEFORE THE AGENCY UPON SUCH CONDITIONS AS THE COURT
DEEMS PROPER. IN CASES IN WHICH THE ADDITIONAL EVIDENCE IS
TAKEN BEFORE THE AGENCY, IT MAY MODIFY ITS FINDINGS AND
DECISION BY REASON OF THE ADDITIONAL EVIDENCE AND SHALL FILE
WITH THE REVIEWING COURT, TO BECOME A PART OF THE RECORD,
THE ADDITIONAL EVIDENCE, TOGETHER WITH ANY MODIFICATIONS OR
NEW FINDINGS OR DECISION.

(D)    THE REVIEW SHALL BE CONDUCTED BY THE COURT
WITHOUT A JURY. IN CASES OF ALLEGED IRREGULARITIES IN
PROCEDURE BEFORE THE AGENCY, NOT SHOWN IN THE RECORD,
TESTIMONY THEREON MAY BE TAKEN IN THE COURT. THE COURT
SHALL, UPON REQUEST, HEAR ORAL ARGUMENT AND RECEIVE WRITTEN
BRIEFS.

(E)    THE COURT MAY AFFIRM THE DECISION OF THE AGENCY
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)    AGAINST THE WEIGHT OF COMPETENT, MATERIAL
AND SUBSTANTIAL EVIDENCE IN VIEW OF THE ENTIRE RECORD, AS
SUBMITTED BY THE AGENCY AND INCLUDING DE NOVO EVIDENCE TAKEN
IN OPEN COURT; OR

(7)    UNSUPPORTED BY THE ENTIRE RECORD, AS
SUBMITTED BY THE AGENCY AND INCLUDING DE NOVO EVIDENCE TAKEN
IN OPEN COURT; OR

(8)    ARBITRARY OR CAPRICIOUS.
213.

AN AGGRIEVED PARTY MAY SECURE A REVIEW OF ANY FINAL
JUDGMENT OF THE CIRCUIT COURT UNDER THIS SUBTITLE BY APPEAL