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Session Laws, 1963
Volume 671, Page 993   View pdf image (33K)
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J. MILLARD TAWES, Governor                        995

immediately affected by any such order or refusal and who is
aggrieved thereby may, within thirty (30) days after (i) the order
has been mailed or delivered to the persons entitled to receive the
same, or (ii) the Commissioner's order denying rehearing or re-
argument has been so mailed or delivered, or (iii) the Commissioner's
refusal to grant a hearing, appeal from such order on hearing or
such refusal of a hearing. The appeal shall be taken to the Baltimore
City Court, by filing written notice of appeal in such court and by
filing a copy of such notice with the Commissioner; except, that in
appeals from the suspension or revocation of the certificate of au-
thority of a domestic insurer or of the license of an agent, broker,
solicitor, adjuster, or adviser, the person taking the appeal may,
at his option, in lieu of the Baltimore City Court, take the appeal
to the Circuit Court of the county of Maryland in which the in-
surer has its principal place of business or the licensee resides.

(2)   Upon filing of the notice of appeal therein the court shall
have full jurisdiction, and shall determine whether such filing shall
operate as a stay of the order or action appealed from, except that
in the following instances the filing of the notice of appeal shall
automatically stay the order appealed from pending the judgment
of the court on the appeal:

(i) Appeal from suspension or revocation of the license of an
agent, broker, solicitor, adjuster, or adviser.

(ii) Appeal from suspension or revocation of the certificate of
authority of an insurer.

(3)   Within twenty (20) days after filing of the copy of the
notice of appeal in his office, the Commissioner shall make and re-
turn to the court in which the appeal is pending a copy of his
order appealed from and a full and complete transcript, duly cer-
tified by the Commissioner, of the record upon which the order was
issued, together with all exhibits and documentary evidence intro-
duced thereat. If the appeal is from an action of the Commissioner
with respect to which a hearing was refused, the Commissioner shall
within such twenty (20) day period make and return to the court
a full and complete transcript, duly certified by him, of all documents
on file in his office directly relating to the matter as to which such
appeal is taken.

(4)   Upon receipt of such transcripts and evidence the court shall
hear the matter de novo as soon as reasonably possible thereafter.
Upon the hearing of the appeal the court shall consider the evidence
contained in the transcript, exhibits, and documents therein filed by
the Commissioner, together with such additional evidence as may be
offered by any party to the appeal.

(5)   The court may affirm the decision of the Commissioner or
remand the case for further proceedings; or it may reverse or modify
the decision if the substantial rights of the petitioners may have been

prejudiced because the administrative findings, inferences, conclu-
sions, or decisions are:

(i) In violation of constitutional provisions; or

(ii) In excess of the statutory authority or jurisdiction of the
Commissioner; or

(iii) Made upon unlawful procedure; or

 

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Session Laws, 1963
Volume 671, Page 993   View pdf image (33K)
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