WILLIAM DONALD SCHAEFER, Governor                            Ch. 3

(6)     Based on the preponderance of the evidence, the umpire shall submit
written findings of fact and conclusions of law to the parties no later than 40 days from
the date of appointment.

(7)     If the umpire determines that a party named in the complaint has
engaged or is engaging in an unfair labor practice, the umpire shall issue an order
requiring the party to cease the practice.

(8)     An order may:

(i) Include any remedies, including reinstatement of a public
employee with or without back pay;

(ii) Require periodic reports on the extent to which the party has
complied with an order; and

(iii) Be designed to prevent future unfair labor practices.

(9)     A party who is aggrieved by a final decision of an umpire is entitled to
judicial review of the decision as provided in paragraph (10) of this subsection.

(10)   (i) Within 30 days after the issuance of a final order, a petition for
judicial review shall be filed with the Circuit Court for Prince George's County or the
Circuit Court for Montgomery County.

(ii) The Circuit Court may not consider evidence that was not offered
in the proceeding before the umpire unless the court determines that the failure to offer
the evidence shall be excused because of extraordinary circumstances.

(iii) The Circuit Court may not overturn the umpire's decision unless
the court finds that the umpire's decision is not supported by substantial evidence.

(11)   (i) A charging party may petition the Circuit Court for Prince
George's County or the Circuit Court for Montgomery County for enforcement of an
order of an umpire.

(ii) Unless a petition for judicial review has been filed in accordance
with paragraph (10) of this subsection, a petition for enforcement of an order of an
umpire may not be used to appeal the final decision of the umpire.

DRAFTER'S NOTE:

Error: Incorrect numbering in Article 28, § 5-114.1(k).

Occurred: Ch. 563, Acts of 1993. Correction by the Michie Company in the
1993 Replacement Volume of Volume 3 is validated by this Act.

8-101.

(b) (1) In this subsection, the term "zoning classification of agricultural open
space" means a zoning classification in which uses are limited to those permissible in the
agricultural open space portion of an agricultural preservation development under §
27-445.01 of the Prince George's County Code (1991 Edition, as amended).

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