HARRY HUGHES, Governor

1315

is deleted as unnecessary in light of subsection
(b)(1) of this section.

Defined terms: "Agency" § 10-201
"Contested case" § 10-201

10-215. JUDICIAL REVIEW.

(A)  FILING AUTHORIZED.

A PARTY WHO IS AGGRIEVED BY THE FINAL DECISION IN A
CONTESTED CASE IS ENTITLED TO JUDICIAL REVIEW OF THE DECISION AS
PROVIDED IN THIS SECTION.

(B)  JURISDICTION AND VENUE.

A PETITION FOR JUDICIAL REVIEW SHALL BE FILED WITH THE
CIRCUIT COURT FOR THE COUNTY WHERE ANY PARTY RESIDES OR HAS A
PRINCIPAL PLACE OF BUSINESS.

(C)  PARTIES.

THE COURT MAY PERMIT ANY OTHER INTERESTED PERSON TO
INTERVENE IN A PROCEEDING UNDER THIS SECTION.

(D)  EFFECT OF FILING.

(1)  THE FILING OF A PETITION FOR JUDICIAL REVIEW DOES
NOT AUTOMATICALLY STAY THE ENFORCEMENT OF THE FINAL DECISION.

(2)  EXCEPT AS OTHERWISE PROVIDED BY LAW, THE AGENCY
MAY GRANT OR THE REVIEWING COURT MAY ORDER A STAY OF THE
ENFORCEMENT OF THE FINAL DECISION ON TERMS THAT THE AGENCY OR
COURT CONSIDERS PROPER.

(E)  ADDITIONAL EVIDENCE BEFORE AGENCY.

(1)  THE COURT MAY ORDER THE AGENCY TO TAKE ADDITIONAL
EVIDENCE ON TERMS THAT THE COURT CONSIDERS PROPER IF:

(I)  BEFORE THE HEARING DATE IN COURT, A PARTY
APPLIES FOR LEAVE TO OFFER ADDITIONAL EVIDENCE; AND

(II)  THE COURT IS SATISFIED THAT:

1.  THE EVIDENCE IS MATERIAL; AND

2.  THERE WERE GOOD REASONS FOR THE
FAILURE TO OFFER THE EVIDENCE IN THE PROCEEDING BEFORE THE
AGENCY.

(2)  ON THE BASIS OF THE ADDITIONAL EVIDENCE, THE
AGENCY MAY MODIFY THE FINDINGS AND DECISION.

(3)  THE AGENCY SHALL FILE WITH THE REVIEWING COURT,
AS PART OF THE RECORD: