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Section 3-201 – Challenge to Validity of Regulations

    (a)    Notwithstanding § 10-120 of the State Government Article, the validity of a regulation of the Commission shall be challenged in accordance with § 10-125 of the State Government Article.     (b)    A party to a Commission proceeding, a person that has been granted intervention in a Commission proceeding, or a person that has been ordered to participate […]

Section 3-202 – Right to Judicial Review of Orders and Decisions

    (a)    Except for the staff of the Commission, a party or person in interest, including the People’s Counsel, that is dissatisfied by a final decision or order of the Commission may seek judicial review of the decision or order as provided in this subtitle.     (b)    The Secretary of Natural Resources may seek judicial review under this subtitle […]

Section 3-203 – Scope of Review

    Every final decision, order, or regulation of the Commission is prima facie correct and shall be affirmed unless clearly shown to be:         (1)    unconstitutional;         (2)    outside the statutory authority or jurisdiction of the Commission;         (3)    made on unlawful procedure;         (4)    arbitrary or capricious;         (5)    affected by other error of law; or         (6)    if the subject of review is an order entered […]

Section 3-204 – Proceedings for Review

    (a)    A proceeding for review under § 3-202 of this subtitle shall be instituted in:         (1)    the circuit court in equity for any county in which the public service company involved in the proceeding operates; or         (2)    the Circuit Court in equity for Baltimore City.     (b)    If more than one proceeding to review an order or final decision of […]

Section 3-205 – Stay of Enforcement

    The Commission may, on terms it considers appropriate, stay the enforcement of a regulation or order that is the subject of a proceeding for review under this subtitle.

Section 3-206 – Time of Trial

    (a)    After an answer has been filed in a proceeding for review under § 3-202 of this subtitle, the matter shall stand ready for trial on 15 days’ notice by any party.     (b)    (1)    This subsection does not apply to proceedings before the Court of Special Appeals or the Court of Appeals.         (2)    A court shall give preference to […]

Section 3-207 – Existing Record and Transcript

    (a)    (1)    (i)    By stipulation of all parties to a proceeding for review under § 3-202 of this subtitle, the court may shorten the record to be transmitted to the court.             (ii)    If the court determines that a party’s refusal to stipulate to limit the record is unreasonable, the court may assess the additional costs against the refusing party. […]

Section 3-208 – Evidence

    (a)    (1)    Any party may introduce new evidence on judicial review.         (2)    If the evidence presented on judicial review is materially different from the evidence presented at the hearing before the Commission, the court shall:             (i)    unless all parties stipulate in writing to the contrary, refer a transcript of the new evidence to the Commission; and             (ii)    stay the proceedings […]