§ 4-905
180 words·~1 min read·
/md/alcoholic-beverages-and-cannabis/4-905·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§4–905.
(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
(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.