1316

LAWS OF MARYLAND

Ch. 284

(I)  THE ADDITIONAL EVIDENCE; AND

(II)  ANY MODIFICATIONS OF THE FINDINGS OR
DECISION.

(F)  PROCEEDING.

(1)  THE COURT SHALL CONDUCT A PROCEEDING UNDER THIS
SECTION WITHOUT A JURY.

(2)  A PARTY MAY OFFER TESTIMONY ON ALLEGED
IRREGULARITIES IN PROCEDURE BEFORE THE AGENCY THAT DO NOT APPEAR
ON THE RECORD.

(3)  ON REQUEST, THE COURT SHALL:

(I)  HEAR ORAL ARGUMENT; AND

(II)  RECEIVE WRITTEN BRIEFS.

(G)  DECISION.

IN A PROCEEDING UNDER THIS SECTION, THE COURT MAY:

(1)  REMAND THE CASE FOR FURTHER PROCEEDINGS;

(2)  AFFIRM THE DECISION OF THE AGENCY; OR

(3)  REVERSE OR MODIFY THE DECISION IF ANY SUBSTANTIAL
RIGHT OF THE PETITIONER MAY HAVE BEEN PREJUDICED BECAUSE A
FINDING, CONCLUSION, OR DECISION OF THE AGENCY:

(I)  IS UNCONSTITUTIONAL;

(II)  EXCEEDS THE STATUTORY AUTHORITY OR
JURISDICTION OF THE AGENCY;

(III)  RESULTS FROM AN UNLAWFUL PROCEDURE;

(IV)  IS AFFECTED BY ANY OTHER ERROR OF LAW;

(V)  IS UNSUPPORTED BY COMPETENT, MATERIAL, AND
SUBSTANTIAL EVIDENCE IN LIGHT OF THE ENTIRE RECORD AS SUBMITTED;
OR

(VI)  IS ARBITRARY OR CAPRICIOUS.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 41, § 255.

In subsection (a) of this section, the phrase "as
provided in this section" is substituted for the
former phrase "under this subtitle", for clarity.