§ 4-402
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/md/land-use/4-402A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§4–402.
(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.
(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.