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Session Laws, 1963
Volume 671, Page 992   View pdf image (33K)
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994                             LAWS OF MARYLAND                      [CH. 553

by such hearing. In the event all persons directly affected are un-
known, notice may be perfected by publication in a newspaper of
general circulation in this State at least ten (10) days prior to such
hearing.

38.    Hearing Procedure.

(1)   Except as to a filing made under subtitle 16 hearings shall be
open to the public in accordance with the provisions of Article 41,
section 14.

(2)   The Commissioner shall allow any party to the hearing to
appear in person and by counsel, to be present during the giving
of all evidence, to have a reasonable opportunity to inspect all
documentary evidence and to examine witnesses, to present evidence
in support of his interest, and to have subpoenas issued by the Com-
missioner to compel attendance of witnesses and production of evi-
dence in his behalf.

(3)   The Commissioner shall permit to become a party to the
hearing by intervention, if timely, any person who was not an
original party thereto and whose pecuniary interests are to be
directly and immediately affected by the Commissioner's order made
upon the hearing.

(4)   Formal rules of pleading or evidence need not be observed at
any hearing.

(5)   Upon written request seasonably made by a party to the hear-
ing and at such person's expense, the Commissioner shall cause a
full stenographic record of the proceedings to be made by a com-
petent reporter. If transcribed a copy of such stenographic record
shall be furnished to any other party to such hearing at the request
and expense of such other party. If no stenographic record is made
or transcribed, the Commissioner shall prepare an adequate record of
the evidence and of the proceedings.

39.    Order on Hearing.

(1)   In conducting a ay such hearing the Commissioner shall sit in
a quasi judicial capacity. Within thirty (30) days after termination
of the hearing or of any rehearing thereof or reargument thereon,
he shall make his order on hearing, covering matters involved in
such hearing and in any rehearing or reargument thereof, and shall
give a copy of such order to the same persons given notice of the
hearing.

(2)   The order shall contain a concise statement of the facts as
found by the Commissioner, and of his conclusions therefrom, and
the matters required by section 29.

(3)   The order may affirm, modify, or nullify action theretofore
taken or may constitute the taking of new action within the scope
of the notice of hearing.

40.    Appeals from the Commissioner; Judicial Review.

(1) An appeal from the Commissioner shall be taken only from
an order on hearing or with respect to a matter as to which the
Commissioner has refused a hearing. Any person who was a party
to such hearing, or whose pecuniary interests are directly and

 

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Session Laws, 1963
Volume 671, Page 992   View pdf image (33K)
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