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Session Laws, 1947 Special Session
Volume 404, Page 56   View pdf image (33K)
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56 LAWS OF MARYLAND. [CH. 16

187. Any operator or landowner, notwithstanding the
operator may have registered as required by Section 180 of
this sub-title, who shall be aggrieved by any requirement
of this sub-title or any administrative regulation, directive
or order making application of the provisions of this sub-
title, shall have the right to file a petition in the Circuit
Court of the county where he is located, alleging therein
the action complained of and praying for remedy thereof,
and the said court shall proceed therein by rule or rules
upon the Director of the Bureau of Mines to show cause
why the petitioner should not have the remedy prayed for
by his, her or its petition. The court in such proceedings
shall make such procedural orders as may be necessary for
facilitating and expediting hearings and dispositions of the
matters complained of. Prom the decision of the said court
an appeal may be taken by either party to the Court of Ap-
peals of Maryland as in other causes. Every such petition
shall specify the petitioner's objection to the action of the
Director, and the Director shall make answer thereto and
certify to the said court, the record of the proceedings to
which the petition refers.

188. If the operator fails or refuses to comply with the
requirements of the sub-title in any respect for which lia-
bility has been charged on the bond, the Director shall de-
clare such portion of the bond forfeited, and shall certify
the same to the Attorney General, who shall proceed to sue
out and collect the amount of liability forfeited thereon,
and shall direct the State Treasurer to pay said funds into
the Open Pit Mining Reclamation Fund. Any operator
aggrieved by reason of forfeiting the bond as herein provid-
ed, shall have a right to contest such action and appeal as
provided in Section 187 of this sub-title.

189. Any operator who proceeds to mine bituminous coal
or fire clay by the open pit mining method without having
registered, as herein provided, shall be guilty of a misde-
meanor, and upon conviction, shall be sentenced to pay a
fine of not less than Five Thousand Dollars ($5, 000. 00) nor
more than Ten Thousand Dollars ($10, 000. 00). The fine
shall be payable to the county in which the violation occurs.

190. The provisions of this sub-title shall not apply to
Garrett County or to any person, partnership or corpora-
tion who does not mine in excess of two hundred and fifty
(250) tons of coal in any period of twelve successive calen-
dar months.

191. All funds received by the Director from registration
fees, and from forfeiture of bonds, shall be held by the State

 

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Session Laws, 1947 Special Session
Volume 404, Page 56   View pdf image (33K)
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