(a) Before the date set for a hearing before the circuit court of a petition under Title 4, Subtitle 9 of this article, a petitioner or a party in interest properly before the court may petition the court in writing for leave to present additional evidence on an issue for which judicial review is sought. (b) If, after a hearing, the court is satisfied that the additional evidence is material and that there were good reasons for failure to present the evidence in the proceeding before the Board, the court shall remand the case to the Board and order that the evidence be taken before the Board on the conditions the court considers proper. (c) (1) On remand for the taking of additional evidence, the Board may modify or reverse the previous findings and decision of the Board by reason of the additional evidence. (2) If the Board modifies or reverses a previous finding or decision as described in paragraph (1) of this subsection, the Board shall file with the reviewing court, to become a part of the record, the additional evidence together with the modification, new finding, or new decision. (d) On the filing of a finding or decision after remand as described in subsection (c) of this section, if the court determines that the substantial rights of a petitioner may have been prejudiced, the court may reverse or modify the decision or modified decision of the Board or again remand the proceedings to the Board.
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