concurring in part and dissenting in part:
No one denied that John Resetar, Jr. was “a competent junior high school science teacher.” He taught in the Montgomery County school system for a decade, from March 1965 until he was fired in April 1975 by the Montgomery County School Board (the County Board). His dismissal was for misconduct in office upon the recommendation of the Superintendent of Schools for Montgomery County (the Superintendent). I do not agree that the evidence, in view of the entire record, was legally sufficient to warrant the sanction imposed.
Resetar had been placed on leave with pay by the Superintendent, effective at the close of business on 9 August 1974. He was informed that a review of his employment was to be made upon completion of an administrative investigation “concerning the alleged charge that [he] made a remark to *564a group of students at Gaithersburg Junior High School which might be interpreted as being intemperate under the circumstances and might be interpreted as having a racial connotation.” The investigation was conducted, and by letter dated 16 September 1974 Resetar was notified that the Superintendent would recommend his “dismissal from service in the Montgomery County Public Schools to the Board of Education under the provisions of Article 77, Section 114, of the Public School Laws of Maryland upon the grounds of misconduct in office and insubordination.” 1 The effective date of the dismissal was to be October 11, 1974, and he was to remain on leave with salary through that date. The letter stated that the County Board would act upon the recommendation at its meeting on 8 October unless Resetar requested a hearing before the Board.
Resetar requested a hearing, and the County Board referred the matter to a hearing examiner. Code (1957, 1969 Repl. Vol., 1974 Cum. Supp.) art. 77, § 114A. The examiner conducted a plenary hearing and recommended that the Superintendent’s recommendation be adopted. The County Board heard argument and issued a decision and order on 14 April 1975 dismissing Resetar as of 10 April 1975.2 Resetar appealed to the State Board of Education (the State Board). There was a de novo hearing before the hearing examiner for the State Board, who recommended that Resetar be dismissed. The State Board followed that recommendation. Resetar appealed to the Circuit Court for Montgomery County. It affirmed the judgment of the State Board. Resetar appealed to the Court of Special Appeals. We issued a writ of certiorari before decision by that court.
*565The County Board hearing examiner submitted a lengthy report which prevailed through all that followed. It served as the basis for Resetar’s dismissal by the County Board and for the various determinations regarding the propriety of the dismissal in the subsequent appeal proceedings. The County Board adopted “the findings, conclusions and recommendations of [its] hearing examiner.” The State Board hearing examiner, “after having carefully considered all of the evidence at the hearing de novo, including the transcript of the hearing below,... reached the same findings, conclusions and recommendations as did [the County Board examiner],” and adopted them as his own.3 He incorporated the County Board examiner’s “entire report by reference” in his report to the State Board. The State Board’s opinion stated simply: “We hereby adopt the Findings, Conclusions and Recommendations of the Hearing Examiner in this case.” The Circuit Court for Montgomery County affirmed “the decision of the State Board ... which adopted the County Board’s decision to terminate [Resetar’s] services in the Montgomery County School system for misconduct in office ...” because “[t]he record below fully supports the findings adopted by the State Board... as well as those of the County Board.” 4 Thus, the circuit court accepted the findings, conclusions and recommendations of the State Board, which adopted the findings, conclusions and recommendations of its examiner, who adopted the findings, conclusions and recommendations of the County Board, which adopted the findings, conclusions and recommendations of its examiner. So, it is the findings and conclusions of the County Board hearing examiner, considered in light of the evidence adduced at both hearings, which must be evaluated in determining whether the Circuit Court for Montgomery County properly affirmed the *566judgment of the State Board dismissing Resetar from the Montgomery County school system.
The Superintendent’s letter of 16 September 1974 to Resetar served as the required written statement of charges. The letter focused on a remark Resetar was alleged to have made to a group of students at Gaithersburg Junior High School. The Superintendent did not set out exactly what Resetar said, merely characterizing the remark, as he did in his letter of 9 August 1974 placing Resetar on leave, as one “which might be interpreted as being intemperate under the circumstances and might be interpreted as having a racial connotation.” He deemed the remark to be “educationally unsound and unprofessional,” and not acceptable “by this school system as proper behavior by an employee.” He asserted that by making the remark, Resetar had violated the Policy Statement on Human Relations adopted by the Montgomery County Board of Education, which stated in part that “. . . a fundamental goal of the Montgomery County Public Schools is to establish and maintain an atmosphere in which students and staff can develop attitudes for effective, cooperative living, including” respect for the individual, cultural differences, economic, political and social rights of others, and the right of others to seek and maintain their own identities. The letter noted that Resetar had been “warned both formally and informally” while a staff member at the school and several other junior high schools “about making remarks to students and/or fellow staff members which were not only intemperate and overreactive, but which also, in some instances, had derogatory, racial or ethnic connotations.” The recommendation of dismissal, according to the Superintendent, was the result of an investigation conducted regarding the alleged remark, a conference with Resetar, and “the cumulative effect of your behavior in your previous assignments despite earlier warnings that this type of language and behavior was inappropriate and could not be condoned----” The County Board examiner thought that “[t]he letter charges Mr. Resetar with misconduct in office consisting of intemperate behavior and making remarks with derogatory racial connotations,” and that “[t]he letter also *567charges insubordination consisting of violation of the Board of Education Policy Statement on Human Relations and of failing to conform his behavior to warnings previously issued.”
The County Board examiner found that the allegation of insubordination had not been sustained.5 There remained the charge of misconduct in office which was bottomed upon “intemperate behavior and making remarks with derogatory racial connotations.”
The remark made by Resetar which was the crux of the letter of 16 September 1974 and which, in fact, led to the charges set forth in the letter, occurred on 18 June 1974 while he was a seventh grade science teacher at Gaithersburg Junior High School. It was: “Look at those jungle bunnies. Somebody ought to feed them bananas.” The circumstances under which this remark was made were fully set out by the examiner as quoted in the majority opinion. The examiner noted that it was this remark that triggered the action against Resetar, but he concluded that the charge of misconduct in office was based not only on this remark but also on four more incidents on other occasions. He set them out in his findings 12, 13, 15 and 16 and designated them respectively as “lunchroom profanity,” “the liar accusation,” “the remark to the unwashed girl,” and “the public reprimand.” They are described in the report as follows:
12. On November 13, 1972, while a teacher at *568Broome Junior High School, Mr. Resetar had lunch with four male teaching colleagues in the faculty lunch room. While complaining about a matter of minor annoyance to him involving use of the copying machine, he expressed his irritation by making derogatory remarks about the librarian and the three Educational Materials Center aides accompanied by profanity and gratuitous sexual references. One of the EMC aides was in an adjoining room and overheard the statements, which she described as “loud, vile, abusive.” Mr. Resetar thought the setting was private, and did not intend to offend the ladies in question.
13. On November 15, 1972, Mr. Resetar and the Broome guidance counselor, Mr. Neher, both came on the scene of an altercation among students. When Mr. Resetar said he had not seen the incident develop, the counselor made a sarcastic remark, and Mr. Resetar called the counselor a “God damned liar.” 6
15. In February, 1973, while a teacher at Newport Mill Junior High School, during a class period, Mr. Resetar was disturbed by a noise outside his classroom door. He opened his door and admonished a student, but cannot remember just what he said. The principal, Mr. Redmond, understood from his investigation that the admonition was in the form of a sarcastic remark. An accompanying black student, Valerie Smith, responded with a sarcastic remark. Mr. Resetar’s reply evidently suggested improved cleanliness for Valerie. The testimony diverges on this, as the principal, the assistant principal, and the human relations specialist, from their investigation, *569understood the remark to be in the nature of telling Valerie that she was dirty, stank, and needed a bath. However, Mr. Resetar denied making that statement. The matter ended with the student apologizing for interfering with a matter that was not her concern and with Mr. Resetar apologizing also. He explained his thinking, “for the good of all that an apology at this particular point would terminate this confrontation.” The assistant principal sent Mr. Resetar a memorandum regarding this case, urging that a teacher should not be provoked by a student’s comments, but should respond “as a mature adult” and in “a more considerate way.”
16. On May 17, 1973, while a teacher at Newport Mill Junior High School, Mr. Resetar brought two disruptive students, Greg Gassaway and Alfredo (Oscar) Gonzalez, to the school office for disciplinary consideration. Mr. Maley, the assistant principal, testified that Mr. Resetar spoke in a “loud, domineering, demanding voice” in requesting Mr. Maley to take some action in relation to the rude and disruptive behavior of the boys. Mr. Maley, the same day delivered a memorandum to Mr. Resetar expressing concern over this incident and over “the manner in which you frequently reprimand students in a loud and condemning voice in the presence of the main office staff.” In addition to the office staff, a visitor to the school was present. The memorandum requested Mr. Resetar in the future, “when you have serious concerns about one of your students,... bring him in a quiet manner directly to my office so that we can discuss the matter in private.” 7
Thus, there were five incidents which might substantiate the charge of misconduct in office. The examiner concluded that *570two of them did not support the charge. It was his opinion that the “lunchroom profanity” (finding 12) and the “public reprimand” (finding 16) did not amount to misconduct. He found, however, that misconduct in office was established by the “jungle bunny” event, the “liar accusation” incident (finding 13) and the “unwashed girl” episode (finding 15). They mounted up to misconduct in office because they involved intemperate conduct.8
The examiner was satisfied, from general experience and from evidence adduced, that the term “jungle bunny” is “a derogatory racial epithet,” and that “[cjoupled with the reference to eating bananas, the remark appears to be clearly insulting from a racial point of view.” He asserted that “[a]ny overt expression of racial or ethnic bias in the presence of students would be misconduct, in violation of the Board’s Human Relations Policy.” He found that, although in the “jungle bunny” event there was misbehavior on the part of a group of students directed toward Resetar, it was “intemperance, rising to the level of misconduct, for Mr. Resetar to respond with a racial epithet.”
The examiner classified the “liar accusation” incident as “intemperate and overreactive to the counselor’s sarcastic remark,” which “unfortunately turned a minor annoyance into a serious conflict.” “But,” the examiner pointed out, “the fault was not entirely Mr. Resetar’s.” The examiner decided that “the liar accusation barely goes across the misconduct threshold.”
The examiner believed that in the circumstances surrounding the “unwashed girl” episode Resetar was *571intemperate in telling the student, in effect, that she was dirty. The examiner noted: “There may be occasions when a teacher would consider it to be beneficial to suggest to a child improved habits of personal care, but this does not appear to have been such a case. Mr. Resetar initially spoke sarcastically to a noisy student, and then responded to the impertinence of the accompanying student with a personal affront.” He concluded that “this was misconduct, but not aggravated.”
So it was that the examiner “concluded that three instances of intemperate conduct amounting to misconduct [were] shown,” one of which (the “jungle bunny” event) also constituted “misconduct in violation of the Human Relations Policy.” But he expressly declared his belief that “no one of these cases, standing by itself, is sufficiently extreme to warrant dismissal of the teacher.” He, therefore, found it necessary “to consider whether such a pattern of inappropriate behavior exists as to aggravate the particular offenses to the point where the sanction of dismissal is warranted.”
As indicated, supra, the examiner determined that the charge of misconduct consisted of “intemperate behavior and making remarks with derogatory racial connotations.” He found, with respect to racial bias, that no pattern of inappropriate conduct existed as to aggravate the three offenses to the point where the sanction of dismissal was warranted. There was evidence presented at the hearing concerning Resetar’s racial attitudes. This evidence, according to the examiner, showed him to be strict but not racially prejudiced. The examiner placed no credence in the complaints of some students that Resetar was prejudiced as they “could easily have been convenient excuses for students whose own behavior was subject to question.” There was substantial evidence, including testimony from black teachers and supervisors, that they did not consider Resetar to be racially biased, that he treated all students fairly, that he was a strict disciplinarian toward both blacks and whites, that he was no more harsh in his discipline with blacks than with whites, and that although his grading was less generous than *572that of his immediate predecessors, it was without bias between black and white students.
The examiner found, however, a pattern of persistent behavior with respect to intemperate outbursts, culminating in the “jungle bunny” case. “For this reason, [he] recommend[ed] that the superintendent’s recommendation be adopted and that Mr. Resetar be dismissed for misconduct in office.”
At the time the Circuit Court for Montgomery County rendered its decision in this case, a court, in reviewing administrative proceedings, as the majority point out, might have reversed the decision of the agency “if the substantial rights of the petitioners may have been prejudiced because the administrative findings, inferences, conclusions, or decisions” were, among other things, “[unsupported by competent, material and substantial evidence in view of the entire record as submitted,” or “[a]gainst the weight of competent, material, and substantial evidence in view of the entire record as submitted,” or “[unsupported by the entire record, as submitted by the agency and including de novo evidence taken in open court.” Md. Code (1957, 1978 Repl. Vol.) art. 41, § 255 (g) (5) (6) (7).9 Of course, it is not permissible for the appellate court to substitute its judgment for that of an agency if its determination finds any support in the facts, Oxon Hill Rec. Club v. Water Res. Adm., 281 Md. 110, 114, 375 A. 2d 567 (1977), and this is especially true in matters involving public education, Zeitschel v. Board of Education, 274 Md. 69, 82, 332 A. 2d 906 (1975). On the other hand, if the court shall find that substantial rights of a petitioner for review have been prejudiced, by one or more of the statutory causes, because of an administrative finding, inference, conclusion or decision, then it is the function of the court to reverse or modify the order. Bernstein v. Real Estate Comm., 221 Md. 221, 230, 156 A. 2d 657 (1959). See Maryland Rule B12.
*573I think that the conclusion of the examiner that the acts of Resetar showed a persistent pattern of intemperate conduct was unsupported by substantial evidence in view of the entire record when considered within the ambit of the three incidents which the examiner determined comprised the charge of misconduct. On the contrary, I believe that the conclusion was against the weight of the competent, material and substantial evidence in view of the entire record. The examiner expressly declared his belief that “no one of [the three] cases, standing by itself, is sufficiently extreme to warrant dismissal of the teacher.” He frankly stated that “[t]he case is a close one, since only the jungle bunny episode is particularly serious.” The examiner recounted Resetar’s testimony to the effect that when he made the remark he was speaking only to himself, that the remark was a “ ‘mumble,’ reflecting his disgust and frustration with the attitude of these students throughout the year,” and that he believed that it was “humanly impossible” for the students outside the window to hear him. The assistant principal of Gaithersburg, who was present and heard the remark, said that Resetar was not shouting, and that his tone of voice did not indicate that he was particularly angry or upset, but rather could be characterized as “bantering.” And it should be emphasized that the examiner expressly found no racial bias or prejudice on the part of Resetar. Of the other two incidents included in the charge to show misconduct, the “unwashed girl” matter was deemed to be “not aggravated,” and the “liar accusation” affair, he thought, “barely goes across the misconduct threshold.” The examiner recommended dismissal, not because of the only “particularly serious” incident, namely the “jungle bunny” remark, which he declared was not in itself sufficiently extreme to warrant dismissal, but because there existed a persistent pattern of intemperate conduct by reason of which the particular offenses were aggravated to the point where the sanction of dismissal was warranted. In my opinion, the three incidents found to be misconduct in office fall far short of “substantial evidence” sufficient to show a persistent pattern of intemperate conduct. That the “liar accusation” and *574“unwashed girl” incidents are relatively innocuous is borne out by an evaluation report concerning Resetar made while he taught at Newport Junior High. It was signed by two evaluators on 18 June 1973 and thus was after these two incidents relied on to show a persistent pattern of intemperate conduct. The report called for an evaluation of Resetar as “satisfactory” or “unsatisfactory” with respect to scholarship, teaching power, executive ability, professional responsibility and personality. He was rated “satisfactory” as to each. He was recommended for continued employment. The report included comments under the various evaluation categories and in regard to “personality,” the comment on “Strengths” was:
He has a strong personality. He expects all students to achieve their maximum potential and to accept responsibility for their own personal behavior in class.
The report indicated that the evaluators knew of the incidents. Under the heading “Plans for Continued Improvement,” they said:
He needs to show more patience for the reluctant learner. Students of all races and ethnic origins deserve equal respect and consideration from him. In dealing with disruptive students it’s essential that he maintain his professional composure.
This did not deter the evaluators from recommending him for continued employment. And as we have indicated, the County Board examiner declared: “No one denies that he is a competent junior high teacher.” I would reverse the judgment of the Circuit Court for Montgomery County and hold that the evidence in view of the entire record was not legally sufficient to warrant Resetar’s dismissal.
I agree with the majority that the failure of the County Board to render a decision in thirty days of the receipt of its hearing examiner’s findings was not reversible error in the circumstances. I concur with that part of the majority’s *575opinion which holds that the circuit court did not abuse its discretion in denying Resetar’s motion to present additional evidence in the appeal proceeding before it.
Chief Judge Murphy authorized me to say that he joins in this opinion.. Resetar had long since completed his probationary period and could be dismissed only for cause as provided by the statute referred to by the Superintendent. Maryland Code (1957,1969 Repl. Vol.) art. 77, § 114 provided that “[a]ny county board of education may, on the recommendation of the county superintendent of schools ... dismiss any teacher ... for immorality, misconduct in office, insubordination, incompetency, or wilful neglect of duty, provided that the charge or charges be stated, in writing, to such person and that such person be given an opportunity to be heard by said board of education upon not less than 10 days notice....”
. The County Board found that “insofar as the Board’s schedule did not permit it to hear this argument within 30 days as set forth in its rules, the Board directs the superintendent to restore John Resetar, Jr. to pay for the period of March 27 to April 10, 1975.”
. The record of the County Board hearing consisted of some 298 pages of testimony and 18 exhibits. The matter was heard de novo upon appeal to the State Board. The transcript of the proceedings before the County Board examiner and exhibits there admitted were received in evidence by agreement of the parties. In addition, witnesses appeared before the State Board examiner. The transcript of their testimony consisted of 219 pages. Five more exhibits were admitted.
. The Circuit Court for Montgomery County denied a motion by Resetar to take additional testimony and heard the case on the record made below.
. The examiner explained:
Insubordination is basically a different kind of offense from misconduct. It involves a conscious, willful, and recalcitrant rejection of the authority of a supervisory official. Regulations and policies adopted by the Board of Education establish norms for the conduct of people subject to its jurisdiction. The flouting of such norms constitutes misconduct. I do not believe that violation of such norms also constitutes insubordination. If it did, the logical conclusion would be that virtually every case of misconduct would also be insubordination.
The documents relied upon by the superintendent as directives violated by Mr. Resetar ... are critical of Mr. Resetar’s handling of particular situations, but are only general admonitions to moderate his conduct in the future. Stated in terms of the legal framework of this case, it is fair to characterize these documents as urging Mr. Resetar to refrain from misconduct in the future. They are not sufficiently pointed to constitute direct orders flouted by Mr. Resetar in the June 18th incident____
. The “lunchroom profanity incident,” finding 12, and the “liar accusation,” finding 13, were investigated by an associate superintendent and an area superintendent. “Upon their recommendation ... the superintendent notified Mr. Resetar that his ‘language use was inappropriate and cannot be condoned.’ The superintendent also advised Mr. Resetar that a transfer to a different school would be arranged for him, in the hope that ‘a fresh start in a different setting’ would be helpful.”
. The examiner also noted other episodes which were related at the hearing “as background information purporting to indicate a pattern of attitudes and conduct on Mr. Resetar’s part.” He recounted the details of some of these and referred generally to others as to which he believed that findings were not warranted. In any event, none of these incidents, in his view, were included in the charges.
. The examiner observed:
For analytical purposes, intemperate conduct can be viewed in three degrees. In the first place, everybody is intemperate and overreactive at times, so a minimal amount of this kind of behavior must be tolerated before the threshold of misconduct is reached. Second, intemperance which goes beyond what is ordinary and trivial constitutes misconduct, particularly if it involves students. A teacher occupies a special relationship with his students, assuming significant responsibility for their welfare and guidance while under his supervision. So self control is particularly important for a teacher. Third, if the intemperate behavior is flagrant or repeated, then the misconduct is serious enough to warrant dismissal.
. See Acts 1978, ch. 884, effective 1 July 1978.