Ch. 59                                       1993 LAWS OF MARYLAND

which the insurer has its principal place of business or the licensee resides. An appeal
taken pursuant to this subsection shall be captioned in the name of the person filing the
appeal, as the party appellant, versus the Insurance Commissioner of the State of
Maryland, as the party appellee. In all such appeals, the Commissioner shall be a
necessary party appellee. In addition to the person filing the appeal and the
Commissioner, any other person whose pecuniary interests are or may be directly and
immediately affected by the matter on appeal; or who may be aggrieved thereby, upon
application to the court, may be deemed an additional party appellant or appellee, as the
court directs.

(2)     Upon filing of the notice of appeal therein the court shall have full
jurisdiction, and shall determine whether such filing shall operate as a stay of the order or
action from which an appeal is taken.

(3)     Within [twenty (20)] 30 days after filing of the copy of the notice of appeal in
his office, the Commissioner shall make and return to the court in which the appeal is
pending a copy of his order appealed from and a full and complete transcript, duly
certified by the Commissioner, of the record upon which the order was issued, together
with all exhibits and documentary evidence introduced thereat. If the appeal is from an
action of the Commissioner with respect to which a hearing was refused, the
Commissioner shall within such [twenty (20)] 30 day period make and return to the court
a full and complete transcript, duly certified by him, of all documents on file in his office
directly relating to the matter as to which such appeal is taken.

(4)      [Upon receipt of such transcripts and evidence the court shall hear the matter
de novo as soon as reasonably possible thereafter. Upon the hearing of the appeal the
court shall consider the evidence contained in the transcript, exhibits, and documents
therein filed by the Commissioner, together with such additional evidence as may be
offered by any party to the appeal.

(5)] The court may affirm the decision of the Commissioner or remand the cask for
further proceedings; or it may reverse or modify the decision if the substantial rights of
the petitioners may have been prejudiced because the administrative findings, inferences,
conclusions, or decisions are:

(i) In violation of constitutional provisions; or

(ii) In excess of the statutory authority or jurisdiction of the Commissioner;
or

(iii) Made upon unlawful procedure; or

(iv) Affected by other error of law; or

(v) Unsupported by competent, material, and substantial evidence in view of
the entire record as submitted; or

(vi) [Against the weight of competent, material and substantial evidence in
view of the entire record, as submitted by the Commissioner and including de novo
evidence taken in open court; or

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