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Section 4-402 - Manner of Review; Additional Evidence — Maryland Law | CourtGPT
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  8. Section 4-402 - Manner of Review; Additional Evidence
Maryland Legal Code

Section 4-402 - Manner of Review; Additional Evidence

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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.