Md. Code, Alco. Bev. § 4-905

Current with changes from the 2024 Legislative Session
Section 4-905 - Scope of judicial review
(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
(2)
(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.

Md. Code, AB § 4-905

Added by 2016 Md. Laws, Ch. 41, Sec. 2, eff. 7/1/2016.