Ch. 36

1995 LAWS OF MARYLAND

(IV)   ARE AFFECTED BY OTHER ERROR OF LAW;

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

(VI)   ARE ARBITRARY OR CAPRICIOUS.
(I) COSTS.

COSTS OF AN APPEAL SHALL BE AWARDED AS IN CIVIL ACTIONS..
(J) APPEAL TO COURT OF SPECIAL APPEALS.

(1)     ANY APPELLANT OR APPELLEE, INCLUDING THE COMMISSIONER,
MAY APPEAL FROM THE JUDGMENT OF THE CIRCUIT COURT TO THE COURT OF
SPECIAL APPEALS AS IN OTHER CIVIL CASES.

(2)     THE JUDGMENT OF THE CIRCUIT COURT MAY BE STAYED ONLY BY
ORDER OF COURT ON THE GIVING OF ANY SECURITY THAT THE COURT CONSIDERS
PROPER.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 40.

In subsection (a)(1) of this section, the reference to an "order resulting from
a hearing" is substituted for the former reference to an "order or hearing"
because an appeal taken following a hearing would be taken from an order
issued after the hearing and not from the hearing itself.

In subsections (b)(2) and (e)(3)(i) of this section, the word "financial" is
substituted for the former word "pecuniary" for clarity and for consistency
with terminology used throughout this article.

Also in subsections (b)(2) and (e)(3)(i) of this section, the former word
"immediately" is deleted as unnecessary in light of the word "directly".

In subsection (c)(2)(ii) of this section, the reference to the "certificate holder"
is added to reflect that agents and brokers are required to obtain certificates
of qualification, rather than licenses.

In subsection (e)(1) of this section, the title "Maryland Insurance
Commissioner" is substituted for the former reference to the "Insurance
Commissioner of the State of Maryland" for accuracy.

In subsection (f) of this section, the word "full", which formerly modified
"jurisdiction", is deleted as surplusage.

In subsection (g)(1) and (2) of this section, the former references to "his
office" are deleted as surplusage.

In subsection (g)(1)(ii) of this section, the former word "full" is deleted as
unnecessary in light of the word "complete".

786 -