2082                                          LAWS OF MARYLAND                                     Ch. 270

BASED ON THE RECORD MADE BEFORE THE AGENCY AND SUBJECT TO THE
FOLLOWING PROVISIONS:

(1)  THE FILING OF THE APPEAL DOES NOT ITSELF STAY
ENFORCEMENT OF THE AGENCY DECISION. EXCEPT AS OTHERWISE PROVIDED
BY LAW, THE AGENCY MAY GRANT, OR THE BOARD MAY ORDER, WITH OR
WITHOUT A HEARING, A STAY UPON APPROPRIATE TERMS.

(2)  IF, BEFORE THE DATE SET FOR HEARING, APPLICATION
IS MADE TO THE BOARD FOR LEAVE TO PRESENT ADDITIONAL EVIDENCE ON
THE ISSUES IN THE CASE, AND IT IS SHOWN TO THE SATISFACTION OF
THE BOARD THAT THE ADDITIONAL EVIDENCE IS MATERIAL AND THAT THERE
WERE GOOD REASONS FOR FAILURE TO PRESENT IT IN THE PROCEEDING
BEFORE THE AGENCY, THE BOARD MAY ORDER THAT THE ADDITIONAL
EVIDENCE BE TAKEN BEFORE THE BOARD OR BEFORE THE AGENCY UPON SUCH
CONDITIONS AS THE BOARD DEEMS PROPER. IN CASES IN WHICH THE
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 BOARD, TO BECOME A PART OF THE RECORD, THE
ADDITIONAL EVIDENCE, TOGETHER WITH ANY MODIFICATIONS OR NEW
FINDINGS OR DECISION.

(3)  IN CASES OF ALLEGED IRREGULARITIES IN PROCEDURE
BEFORE THE AGENCY, NOT SHOWN IN THE RECORD, TESTIMONY THEREON MAY
BE TAKEN BEFORE THE BOARD. THE BOARD MAY, UPON REQUEST, HEAR
ORAL ARGUMENT AND RECEIVE WRITTEN BRIEFS.

(4)  (I) THE BOARD SHALL AFFIRM THE DECISION OF THE
AGENCY UNLESS IT DETERMINES THAT SUBSTANTIAL RIGHTS OF THE
APPELLANT HAVE BEEN PREJUDICED BECAUSE THE PROCEDURES FOLLOWED BY
THE AGENCY IN RENDERING THE DECISION WERE UNLAWFUL OR
UNAUTHORIZED OR BECAUSE THE DECISION IS:

1.  UNCONSTITUTIONAL;

2.  BEYOND THE STATUTORY AUTHORITY OF THE
AGENCY;

3.  BASED UPON AN ERROR OF LAW;

4.  NOT SUPPORTED, BASED UPON THE ENTIRE
RECORD, BY COMPETENT, MATERIAL, AND SUBSTANTIAL EVIDENCE; OR

5.  ARBITRARY OR CAPRICIOUS.

(II) IF THE DECISION IS NOT AFFIRMED PURSUANT
TO SUBPARAGRAPH (I), THE BOARD SHALL REVERSE OR MODIFY THE
DECISION AND, IF APPROPRIATE, REMAND THE CASE FOR FURTHER
PROCEEDINGS.

(D) IN CASES OTHER THAN CONTESTED CASES, CONCERNING ACTIONS
OR FAILURES TO ACT BY UNITS OR OFFICIALS, FOR WHICH APPEALS HAVE
BEEN AUTHORIZED BY THE SECRETARY BY REGULATION, APPEALS SHALL BE
HEARD BY THE BOARD PURSUANT TO SUCH PROVISIONS FOR REVIEW AS THE
SECRETARY MAY ESTABLISH BY REGULATIONS.