2594

LAWS OF MARYLAND

Ch. 884

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] IF
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.

[(f)] (E) 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.

[(g)] (F) 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.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1978.

Approved May 29, 1978.