Ch. 166

1995 LAWS OF MARYLAND

(3) REVERSE OR MODIFY THE DECISION IF ANY SUBSTANTIAL RIGHT
OF THE PETITIONER MAY HAVE . BEEN PREJUDICED BECAUSE A FINDING,
CONCLUSION, OR DECISION:

(I) IS UNCONSTITUTIONAL;

(II)     EXCEEDS THE STATUTORY AUTHORITY OR JURISDICTION OF
THE FINAL DECISION MAKER;

(III)    RESULTS FROM AN UNLAWFUL PRACTICE;

(IV)    IS AFFECTED BY ANY OTHER ERROR OF LAW;

(V) IS UNSUPPORTED BY COMPETENT, MATERIAL, AND
SUBSTANTIAL EVIDENCE IN LIGHT OF THE ENTIRE RECORD AS SUBMITTED; OR

(VI) IS ARBITRARY AND CAPRICIOUS.

4-603.                                                             

(A) THE RIGHT TO A JUDICIAL REVIEW PROVIDED UNDER THIS SUBTITLE
SHALL EXIST CONCURRENTLY WITH THE RIGHTS PROVIDED TO A FIREFIGHTER OR
EMS EMPLOYEE UNDER ANY APPLICABLE COLLECTIVE BARGAINING AGREEMENT

(B) A FIREFIGHTER OR EMS AN EMPLOYEE MAY ELECT TO EXERCISE THE
RIGHTS AVAILABLE UNDER THE COLLECTIVE BARGAINING AGREEMENT AS AN
ALTERNATIVE TO THE RIGHT TO A JUDICIAL REVIEW PROVIDED UNDER THIS
SUBTITLE.

SECTION 2. AND BE IT FURTHER ENACTED, That the right to judicial review
provided under this subtitle does not abrogate any existing rights under a collective
bargaining agreement.

SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take
effect October 1, 1995.

Approved May 9, 1995.

CHAPTER 166
(Senate Bill 380)

AN ACT concerning

Baltimore County - Alcoholic Beverages Licensees (Scope of License) - Limitations and

Restrictions

FOR the purpose of permitting the Baltimore County Board of License Commissioners to
impose a certain limitation or certain restrictions on an alcoholic beverages licensee
in addition to those which accompany the license; mentioning several types of
restrictions by-way of illustration; extending certain sunset provisions relating to the
transfer of licenses into a certain area of Baltimore County; making a certain

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