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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2437   View pdf image (33K)
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LICENSES 2437

by the Commissioner has been, or is being infringed upon or violated,
or that any rights granted in any such permits are being exercised, or
that such rights are being subject to unrestricted or unregulated com-
petition, or that the route as set forth in the permit granted such com-
plaining carrier is being served in whole or in part, directly or indi-
rectly, by some other carrier without a permit, then the Public Service
Commission shall notify such offender to appear before the Commission
and answer such charges. Such notice shall be sent the offending carrier
by registered mail to the last known address of such carrier, or shall be
served upon the offending carrier as provided in Article 23, Section
357, Code of Public Local1 Laws of Maryland, 1924 Edition. In the
event the Commission shall find the allegations set forth by the complain-
ing carrier are true, then the Commission shall notify the offending
carrier to cease such operations within such time as the Commission may
direct. In the event the offending carrier shall neglect or refuse to obey
or observe such order of the Commission, the Commission shall notify
the carrier to show cause within ten days from the date such notice is
served or mailed as hereinbefore set forth why the registration certificate
for such truck or trucks involved in such operation should not be revoked.
If no cause is shown, or if after a hearing, following such order, the Com-
mission shall find that no cause is shown, then the Commission shall certify
to the Commissioner of Motor Vehicles that the registration certificate
of all truck or trucks involved in the operation complained of shall be
suspended or revoked, and the condition of such revocation or suspension,
and the Commissioner of Motor Vehicles shall automatically suspend or
revoke the same subject to the further order of the Public Service Com-
mission. The Public Service Commission shall, if possible, notify the
Commissioner of Motor Vehicles the license number or numbers of trucks,
the certificates of registration for which are to be suspended or revoked.
There shall be no appeal from the action of the Commissioner of Motor
Vehicles, but an action may be commenced to vacate and set aside any
order of the Public Service Commission in the manner prescribed for
the setting aside of other orders of such Commission. Nothing in this
section shall be construed to extend the control or jurisdiction of the Pub-
lic Service Commission to vehicles not operating as public carriers or not
operating for hire on regular schedules or between fixed termini.

The rules, practice and proceedings in all hearings as hereinbefore set
forth shall be governed by the rules, practices and proceedings before the
Commission as in all other hearings conducted by the Commission. The
Commission shall have full power to make rules and regulations necessary
and incidental for the holding of hearings and the enforcement of the
orders of the Commission.

In the event an offending carrier shall neglect to file an answer within
the time set forth in the notice, or without obtaining an extension thereof,
then the Public Service Commission may, in its sole discretion, direct the
Commissioner of Motor Vehicles to revoke or suspend the registration
certificate of all trucks involved in the operation complained of as herein-
before set forth.

Cited in construing Secs. 311 and 312. Public Service Comm. v. Bakery & Dairy, 176
Md. 193.

See notes to sec. 311.

1 Public "General" Laws evidently intended and same section in this edition.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2437   View pdf image (33K)
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