Manner of review; additional evidence.

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    (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.

    (b)    (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.


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