§ 4-402

Maryland § 4-402

• Jurisdiction: Maryland
• Article glu: Land Use
• Title: 4

Text

(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.