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Session Laws, 1947
Volume 411, Page 1823   View pdf image (33K)
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WM. PRESTON LANK, JR., GOVERNOR. 1823

mailing of the notice, as aforesaid, appeal to the Circuit Court
of any county, sitting in equity, or the Circuit Court of Balti-
more City. All such appeals shall be initiated by a petition
setting forth concisely the particulars in which the action of
the Commissioner is claimed to be unlawful or erroneous. The
hearing on petition shall be de novo on both the law and the
facts and any party may introduce testimony or other evi-
dence. If the Court finds the action of the Commissioner to
be unlawful or contrary to the substantial weight of the evi-
dence, it shall remand the case for further proceedings in ac-
cordance with its opinion or order; otherwise, the action of
the Commissioner shall be affirmed. From the final decision
of the Circuit Court, any party to the case may take an appeal
to the Court of Appeals in the same manner as in other equity
cases, but not later than the tenth day after the date of the
order appealed from; and the Court of Appeals shall promptly
hear and determine such appeal.

252. (Rules and Regulations.) The Commissioner may
prescribe such rules and regulations as he may deem neces-
sary and proper for carrying out the provisions of this
Act, and is hereby authorized to investigate all explosions
and fires which may occur in mines, quarries, factories, ware-
houses, magazines, houses, cars, boats, conveyances, and all
other places in which explosives or ingredients are manu-
factured, transported, stored, or used. The Commissioner is
authorized to investigate all explosions, accidents, or fires, in
which there is reason to believe that explosives were involved.
The Commissioner may in his discretion report his findings
in such manner as he may deem fit to the proper Federal or
State authorities to the end that if such explosion has been
brought about by. a willful act, the person or persons caus-
ing such act may be proceeded against and brought to justice;
or, if the explosion has been brought about by accidental
means, that precautions may be taken to prevent similar acci-
dents from occurring. In the prosecution of such investiga-
tions the employees under the direction of the Commissioner
are hereby granted the authority to enter the premises where
such explosion or fire has occurred, to examine plans, books
and papers, to administer oaths to, and to examine all wit-
nesses and persons concerned, without let or hindrance on
the part of the owner, lessee, operator, or agent thereof.

SEC. 3. And be it further enacted. That this Act shall take
effect June 1, 1947.

—— Approved April 25, 1947.

 

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Session Laws, 1947
Volume 411, Page 1823   View pdf image (33K)
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