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Session Laws, 1963
Volume 671, Page 1699   View pdf image (33K)
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J. MILLARD TAWES, Governor                       1699

698. 697.

(Assistance of Political Subdivisions).

It shall be the responsibility of the political subdivisions of the
State
THE SEVERAL COUNTIES AND BALTIMORE CITY ARE
AUTHORIZED AND ENCOURAGED to cooperate with the Board,
the Council and the Department and to assist them in carrying out
their respective powers and duties under this subtitle when requested
so to do.

699 698.
(Hearings).

(a)   Whenever the Department shall determine that compliance
with any rule or regulation promulgated by the Board has not been
obtained from any person by conference, cooperation and persuasion,
it may give written notice to such person specifying the rule or reg-
ulation said to be violated and the manner and extent in and to which
such person is said to violate the same. Such notice shall require
that the matters of complaint be corrected within a reasonable period
of time specified therein or that the person complained against ap-
pear before the Council at a time and place specified in the notice
and answer the charges. The notice shall be served on such person
as summonses are served or by certified mail not less than twenty
(20) days before the time set for the hearing.

(b)   Prior to the hearing the person complained against shall be
given an opportunity to examine all documents, papers, and technical
and analytical reports regarding the nature of the alleged offense.
At the hearing, such person may be represented by counsel and pro-
duce evidence in his behalf in answer to the aforesaid charges. On
the basis of the evidence produced at the hearing the Council may
recommend to the Board that it grant an exception from such rule
or regulation (in which case the Board shall grant such exception)
or enter a special order or orders directing such person to secure
within such reasonable time as the Council may specify (which time
shall be extended by the Board in accordance with recommendations
of the Council) such operating results as are practicable of attain-
ment toward the reduction, control, abatement and prevention of air
pollution in order to comply with such rule or regulation of the
Board and the Board shall thereupon enter such order and shall
promptly give written notice, either by service as summonses are
served or by certified mail, to the person or persons affected by such
order.

(c)   At any hearing, any member of the Council, or any employee
of the Department designated by the Board, shall be authorized to
administer oaths. On his own initiative, the Commissioner of the
Department may, and at the request and expense of any respondent
to a complaint shall, subpoena and compel the attendance of such
witnesses as he may desire, or as the respondent may reasonably
designate and shall require the production for examination of any
required books, records, papers or documents relating to any matter
involved in such hearing. In case of refusal to obey a notice of hearing
or subpoena issued under this Section, the Circuit Court of the county
or the Baltimore City Court, as the case may be, in which the person


 

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Session Laws, 1963
Volume 671, Page 1699   View pdf image (33K)
 Jump to  
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