Maryland Code, ALCOHOLIC BEVERAGES AND CANNABIS 4-905
Terms Used In Maryland Code, ALCOHOLIC BEVERAGES AND CANNABIS 4-905
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(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.