§ 26-2405. Additional evidence

West's Annotated Code of MarylandAlcoholic Beverages and CannabisEffective: July 1, 2016

West's Annotated Code of Maryland
Alcoholic Beverages and Cannabis (Refs & Annos)
Division II. Provisions Affecting Individual Jurisdictions [Titles 9-33] (Refs & Annos)
Title 26. Prince George's County (Refs & Annos)
Subtitle 24. Judicial Review (Refs & Annos)
Effective: July 1, 2016
MD Code, Alcoholic Beverages, § 26-2405
Formerly cited as MD CODE, Art. 2B, § 16-101
§ 26-2405. Additional evidence
Currentness
Petition to show additional evidence allowed before hearing
(a) Before the date set for a hearing before the circuit court of a petition under Title 4, Subtitle 9 of this article, a petitioner or a party in interest properly before the court may petition the court in writing for leave to present additional evidence on an issue for which judicial review is sought.
Court may remand proceedings to Board for additional evidence
(b) If, after a hearing, the court is satisfied that the additional evidence is material and that there were good reasons for failure to present the evidence in the proceeding before the Board, the court shall remand the case to the Board and order that the evidence be taken before the Board on the conditions the court considers proper.
Board may modify or reverse previous finding or decision
(c)(1) On remand for the taking of additional evidence, the Board may modify or reverse the previous findings and decision of the Board by reason of the additional evidence.
(2) If the Board modifies or reverses a previous finding or decision as described in paragraph (1) of this subsection, the Board shall file with the reviewing court, to become a part of the record, the additional evidence together with the modification, new finding, or new decision.
Court may reverse or modify decision or again remand proceedings
(d) On the filing of a finding or decision after remand as described in subsection (c) of this section, if the court determines that the substantial rights of a petitioner may have been prejudiced, the court may reverse or modify the decision or modified decision of the Board or again remand the proceedings to the Board.

Credits

Added by Acts 2016, c. 41, § 2, eff. July 1, 2016.
MD Code, Alcoholic Beverages, § 26-2405, MD AL BEV § 26-2405
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.
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