WILLIAM DONALD SCHAEFER, Governor                           Ch. 59

(vii) Unsupported by the entire record, as submitted by the Commissioner
and including de novo evidence taken in open court; or

(viii)] Arbitrary or capricious.

[(6)] (5) Costs shall be awarded as in civil actions.

[(7)] (6) Appeal by any party appellant or party appellee including the
Commissioner may be taken to the Court of Special Appeals from the judgment of the
Circuit Court for Baltimore City or circuit court of the county, as in other civil cases. A
stay of the effectiveness of any such judgment may be made only by order of court upon
the giving of such security as the court deems proper.

240AA.

(f) Based upon the information contained in the notice, the Commissioner shall
determine whether the protest has merit and shall either dismiss the protest or disallow
the action of the insurer. The Commissioner shall promptly notify the insurer and the
insured in writing of his action. Within 30 days after the date of mailing of the
Commissioner's notice of action, the aggrieved party may request a hearing. The
Commissioner shall conduct a hearing within a reasonable time after the request and
shall give not less than 10 days written notice of the time and place of the hearing. A
HEARING HELD UNDER THIS SECTION SHALL BE CONDUCTED IN ACCORDANCE
WITH TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE
(ADMINISTRATIVE PROCEDURE ACT - CONTESTED CASES). At the hearing the insurer
has the burden of proving its proposed action to be justified, and, in doing so, may rely
only upon the reasons set forth in its notice to the insured.

Article - Courts and Judicial Proceedings

12-305.

The Court of Appeals shall require by writ of certiorari that a decision be certified
to it for review and determination in any case in which a circuit court has rendered a final
judgment on appeal from the District Court or has rendered a final judgment on appeal
from an administrative decision under [the Maryland Vehicle Law] TITLE 16 OF THE
TRANSPORTATION ARTICLE if it appears to the Court of Appeals, upon petition of a
party that:

(1)     Review is necessary to secure uniformity of decision, as where the same
statute has been construed differently by two or more judges; or

(2)     There are other special circumstances rendering it desirable and in the
public interest that the decision be reviewed.

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