H.B. 234

VETOES

(2) "FINAL DECISION" DOES NOT INCLUDE A DECISION REACHED
THROUGH ARBITRATION UNDER A COLLECTIVE BARGAINING AGREEMENT.

4-602.

ANY FIREFIGHTER OR EMS (A) AN EMPLOYEE, COUNTY, OR MUNICIPAL
CORPORATION AGGRIEVED BY A FINAL DECISION OF THE GOVERNMENTAL UNIT BY
WHICH THE FIREFIGHTER OR EMS EMPLOYEE IS EMPLOYED MAY OBTAIN JUDICIAL
REVIEW OF THAT DECISION IN CONFORMITY WITH THE PROCEDURES PRESCRIBED
IN MARYLAND RULES 7 201 THROUGH 7 210 AND §§ 10 215, 10 216, AND 10 217 OF THE
ADMINISTRATIVE PROCEDURE ACT THROUGH AN APPEAL FILED IN A CIRCUIT
COURT OF APPROPRIATE VENUE.

(B) AN APPEAL UNDER SUBSECTION (A) OF THIS SECTION SHALL BE TAKEN IN
ACCORDANCE WITH §§ 7-201 THROUGH 7-210 OF THE MARYLAND RULES.

(C) AN EMPLOYEE OR GOVERNMENTAL UNIT ANY PARTY THAT IS AGGRIEVED
BY A FINAL JUDGMENT OF A CIRCUIT COURT UNDER THIS SUBTITLE MAY APPEAL
TO THE COURT OF SPECIAL APPEALS IN THE MANNER THAT LAW PROVIDES FOR
APPEAL OF CIVIL CASES PROVIDED BYLAW.

(D) IN AN APPEAL UNDER SUBSECTION (A) OF THIS SECTION, THE CIRCUIT
COURT MAY:

(1) REMAND THE CASE FOR FURTHER PROCEEDINGS;

(2) AFFIRM THE FINAL DECISION; OR

(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 FORM 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.

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