4490

LAWS OF MARYLAND

Ch. 820

the State Department in any matter relating to the issue,
revocation or suspension of a license under this subtitle,
or failure of the State Department to act in any such
matter, shall have a right of appeal to the circuit court of
the county in which any such institution, agency, society or
person authorized to make a placement has its principal
office or residence, as the case may be[, or to any court of
Baltimore City having equity jurisdiction, if such office or
residence is in Baltimore City]. The State Department may be
a party in any such appeal.

(C)  After hearing the evidence in the case, the court
shall render a decision either upholding, reversing or
amending the decision of the State Department. If the court
shall find that the decision of the State Department
complained of is based upon a rule or regulation promulgated
by the State Department in the administration of this
subtitle, and that such rule or regulation as applied to the
particular facts in the case at issue, is unreasonable,
arbitrary or capricious, the court may then declare that
rule or regulation to be inapplicable in the case at bar and
render its decision accordingly.

(D)  From the decision of the trial court, a further
right of appeal shall lie to the Court of Special Appeals,
at the instance of either party, during the time allowed and
according to the general practice for appeals in equity
cases.

(E)  An appeal taken as provided in this section,
either to a trial court or to the Court of Special Appeals,
shall operate to stay any criminal prosecution of a licensee
for operation, pending a final decision in the case appealed
from and also to suspend the operation of any injunction for
operating without a license, pending a final disposition of
such appeal. While the matter is pending before a court,
the care, custody and control of a person or persons under
eighteen years of age exercised by the institution, agency,
society or person authorized to make a placement aggrieved
by the decision of the State Department, shall be in the
discretion of the court.

28.

The Director of the State Department of Social Services
may by petition seek to enjoin the activities and operations
of any institution, agency, society, individual, or set of
individuals seeking to carry on the functions licensed by
this subtitle, without having secured the required license.
Such petition for an injunction shall be brought before the
circuit court, sitting in equity, in any county in which the
alleged violator is located or has an established place of
business [or before one of the circuit courts of the Supreme
Bench of Baltimore City, if the alleged violator is located
or has an established place of business in Baltimore City].