HARRY HUGHES, Governor

1803

IF A PERSON VIOLATES AN EXECUTIVE ORDER ISSUED UNDER
THIS SECTION, THE ATTORNEY GENERAL MAY SUE IN A COURT OF
APPROPRIATE JURISDICTION TO ENFORCE COMPLIANCE WITH THE
ORDER.

REVISOR'S NOTE: This section is new language derived
without substantive change from the second
through fourth sentences of former Article 43, §
696.

In subsection (a)(1) of this section and
elsewhere throughout this title, "Secretary" is
substituted for "Commissioner of Health". There
is no Commissioner of Health and the practice is
that the duties of that office are performed by
the Secretary.

In subsection (a)(2) of this section, the words
"when so advised" are new language added, in
accordance with apparent legislative intent, for
clarity.

Also in subsection (a)(2) of this section, the
former phrase "under his general powers as
Governor of the State" is deleted as unnecessary.
The former phrase apparently was a reference to
the State Constitution, which applies in any
event.

For other provisions that relate to the power of
the Governor to issue executive orders that
declare a state of emergency, see Article 41, §
15B of the Code.

2-106. RIGHTS OF PERSONS OTHER THAN THIS STATE.

(A)  PRESUMPTION AND FINDING OF FACT.

A DETERMINATION BY THE DEPARTMENT THAT AIR POLLUTION
EXISTS OR THAT A RULE OR REGULATION HAS BEEN DISREGARDED OR
VIOLATED DOES NOT CREATE ANY PRESUMPTION OF LAW OR FINDING
OF FACT FOR THE BENEFIT OF ANY PERSON OTHER THAN THIS STATE.

(B)  PROCEEDINGS.

ANY PROCEEDINGS UNDER THIS TITLE SHALL BE BROUGHT BY
THE DEPARTMENT FOR THE BENEFIT OF THE PEOPLE OF THIS STATE.

(C)  ACTIONABLE RIGHTS.

NO PERSON OTHER THAN THIS STATE ACQUIRES ACTIONABLE
RIGHTS BY VIRTUE OF THIS TITLE.