§ 4-402. Manner of review; additional evidence.

MD Land Use Code § 4-402 (2019) (N/A)
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(a)    Except as provided in subsection (b) of this section, the circuit court shall review the decision of a board of appeals or a hearing examiner under this subtitle on the record transmitted by the board of appeals or hearing examiner, and not de novo.

(b)    (1)    If, after a hearing, the circuit court determines that testimony is needed for the proper disposition of the matter, the court may take evidence or appoint a special magistrate to:

(i)    take the required evidence; and

(ii)    report the evidence to the court with the special magistrate’s findings of fact and conclusions of law.

(2)    The special magistrate’s evidence, findings, and conclusions shall constitute a part of the proceedings on which the court shall make its determination.