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§ 3-208. Introduction of new evidence on judicial review

West's Annotated Code of MarylandPublic Utilities

West's Annotated Code of Maryland
Public Utilities (Refs & Annos)
Division I. Public Services and Utilities [Titles 1-15] (Refs & Annos)
Title 3. Administrative and Judicial Procedure (Refs & Annos)
Subtitle 2. Judicial Review (Refs & Annos)
MD Code, Public Utilities, § 3-208
Formerly cited as MD PUBLIC UTIL COMP § 3-208
§ 3-208. Introduction of new evidence on judicial review
Currentness
In general
(a)(1) Any party may introduce new evidence on judicial review.
(2) If the evidence presented on judicial review is materially different from the evidence presented at the hearing before the Commission, the court shall:
(i) unless all parties stipulate in writing to the contrary, refer a transcript of the new evidence to the Commission; and
(ii) stay the proceedings for a period of time that the court considers appropriate.
Modification of findings
(b)(1) On receipt of a transcript in accordance with subsection (a)(2)(i) of this section, the Commission may modify its findings based on the new evidence.
(2) Within a period of time that the court specifies, the Commission shall file with the court a report of any action taken based on the new evidence.
Rescission of action by Commission
(c)(1) If, on referral, the Commission rescinds the action on which the appeal was taken, the court shall dismiss the appeal and any modification made by the Commission shall stand in place of the original action.
(2) If, on referral, the Commission does not rescind or modify the original action, the court shall render judgment on the original order.
Evidence introduced after referral to Commission
(d) Further evidence may not be introduced in the reviewing court after referral to the Commission under this section unless the court finds that serious injustice would otherwise result from the failure to allow the introduction of the new evidence.
Provisions relating to incriminating testimony
(e) The provisions of § 3-110(c) of this title relating to incriminating testimony apply to proceedings for judicial review under this subtitle.

Credits

Added by Acts 1998, c. 8, § 2, eff. Oct. 1, 1998.
Formerly Art. 78, § 96.
MD Code, Public Utilities, § 3-208, MD PUBLIC UTIL § 3-208
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document