Ch. 59                                       1993 LAWS OF MARYLAND                                     

[(d)](E) (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] FINAL DECISION
MAKER may grant or the reviewing court may order a stay of the enforcement of the final
decision on terms that the [agency] FINAL DECISION MAKER or court considers proper.

(F) (1) JUDICIAL REVIEW OF DISPUTED ISSUES OF FACT SHALL BE
CONFINED TO THE RECORD FOR JUDICIAL REVIEW SUPPLEMENTED BY
ADDITIONAL EVIDENCE TAKEN PURSUANT TO THIS SECTION.

DRAFTER'S NOTE: Subsection (f)(1) is derived from § 5-113 of the Model
APA.

[(e) (1)] (2) The court may order the [agency] PRESIDING OFFICER 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] PRESIDING OFFICER.

[(2)] (3) On the basis of the additional evidence, the [agency] FINAL
DECISION MAKER may modify the findings and decision.

[(3)] (4) The [agency] FINAL DECISION MAKER shall file with the
reviewing court, as part of the record:

(i) the additional evidence; and

(ii) any modifications of the findings or decision.

[(f)] (G) (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] PRESIDING OFFICER that do not appear on the record.

(3)     On request, the court shall:
(i) hear oral argument; and
(ii) receive written briefs.

[(g)] (H) In a proceeding under this section, the court may:

(1)     remand the case for further proceedings;

(2)     affirm the FINAL decision [of the agency]; or

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