PARRIS N. GLENDENING, Governor

Ch. 36

(I)       THE FINANCIAL INTERESTS OF THE PERSON ARE OR MAY BE
DIRECTLY AFFECTED BY THE MATTER ON APPEAL; OR

(II)     THE PERSON MAY BE AGGRIEVED BY THE MATTER ON
APPEAL.

(F)      EFFECT OF FILING NOTICE OF APPEAL.

WHEN A NOTICE OF APPEAL IS FILED WITH THE APPROPRIATE COURT, THE
COURT HAS JURISDICTION OVER THE CASE AND SHALL DETERMINE WHETHER THE
FILING OPERATES AS A STAY OF THE ORDER OR ACTION FROM WHICH THE APPEAL
IS TAKEN.

(G)     RECORD ON APPEAL.

(1)      IN AN APPEAL OF AN ORDER RESULTING FROM A HEARING, WITHIN
30 DAYS AFTER A COPY OF THE NOTICE OF APPEAL IS FILED WITH THE
COMMISSIONER, THE COMMISSIONER SHALL FILE IN THE COURT IN WHICH THE
APPEAL IS PENDING:

(I)      A COPY OF THE ORDER OF THE COMMISSIONER FROM WHICH
THE APPEAL IS TAKEN;

(II)     A COMPLETE TRANSCRIPT, CERTIFIED BY THE COMMISSIONER,
OF THE RECORD ON WHICH THE ORDER WAS ISSUED; AND

(III)    ALL EXHIBITS AND DOCUMENTARY EVIDENCE INTRODUCED
AT THE HEARING.

(2)      IN AN APPEAL OF A REFUSAL BY THE COMMISSIONER TO GRANT A
HEARING, WITHIN 30 DAYS AFTER A COPY OF THE NOTICE OF APPEAL IS FILED WITH
THE COMMISSIONER, THE COMMISSIONER SHALL FILE IN THE COURT IN WHICH THE
APPEAL IS PENDING CERTIFIED COPIES OF ALL DOCUMENTS ON FILE WITH THE
COMMISSIONER THAT DIRECTLY RELATE TO THE MATTER ON APPEAL.

(H) JUDGMENT.

THE COURT TO WHICH AN APPEAL IS TAKEN MAY:

(1)      AFFIRM THE DECISION OF THE COMMISSIONER;

(2)      REMAND THE CASE FOR FURTHER PROCEEDINGS; OR

(3)      REVERSE OR MODIFY THE DECISION OF THE COMMISSIONER IF
SUBSTANTIAL RIGHTS OF THE PETITIONERS MAY HAVE BEEN PREJUDICED BECAUSE
ADMINISTRATIVE FINDINGS, INFERENCES, CONCLUSIONS, OR DECISIONS:

(I)       VIOLATE CONSTITUTIONAL PROVISIONS;

(II)     EXCEED THE STATUTORY AUTHORITY OR JURISDICTION OF
THE COMMISSIONER;

(III)    ARE MADE BY UNLAWFUL PROCEDURE;

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