HARRY HUGHES, Governor

3719

the board of license commissioners, the court shall order
that the additional evidence be taken before the board of
license commissioners upon such conditions as the court
deems proper; and the case shall forthwith be remanded to
the board of license commissioners for the taking of such
additional testimony. In cases in which the additional
evidence is taken before the board of license commissioners,
the said board of license commissioners may modify or
reverse its previous 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,
and the court may reverse or modify the decision (or
modified decision) of the board of license commissioners or
remand the proceedings to the board of license commissioners
if the court should determine that the substantial rights of
any party appealing, whether petitioners for a license or
objectors to the issuance of a license or any licensee
appealing from the decision of the board, may have been
prejudiced. [because the findings, inferences, conclusions
or decisions of the said board were:

(A)   In violation of constitutional
provisions;

(B)   In excess of the statutory
authority or jurisdiction of the agency; or

(C)  Made upon unlawful procedure; or

(D)  Affected by other error of law;
or

(E)  Unsupported by competent,
material, and substantial evidence in view of the entire
record as submitted; or

(F)  Against the weight of competent,
material and substantial evidence in view of the entire
record, as submitted by the agency and including additional
evidence taken in open court; or

(G)  Unsupported by the entire
record, as submitted by the agency and including additional
evidence taken in open court; or

(H) Arbitrary or capricious.]

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1982.

Approved June 1, 1982.