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§ 4-905. Scope of judicial review

MD Alcoholic B Code § 4-905 (2019) (N/A)
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(a)    On the hearing of a petition under this subtitle, the court shall presume that the action of the local licensing board was proper and best served the public interest.

(b)    A petitioner has the burden of proof to show that the decision of the local licensing board being reviewed was:

(1)    against the public interest; and

(2)    (i)    not honestly and fairly arrived at;

(ii)    arbitrary;

(iii)    procured by fraud;

(iv)    unsupported by substantial evidence;

(v)    unreasonable;

(vi)    beyond the powers of the board; or

(vii)    illegal.

(c)    A review of a decision of a local licensing board under this subtitle shall be heard by the court without a jury.

(d)    The court may hear additional testimony to the extent and in the manner that is necessary if, in the opinion of the court:

(1)    it is impracticable to determine the question presented to the court without the hearing of additional evidence;

(2)    a qualified litigant has been deprived of the opportunity to offer evidence; or

(3)    the interests of justice require that further evidence should be taken.

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