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Session Laws, 1941
Volume 582, Page 673   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 673

issued thereunder is or has been violated by the holder of any
permit issued by such health authority, or that such violation
has occurred or is occurring on any premises for which such
permit is issued, such health authority shall forthwith give
notice to such permit-holder in writing, setting forth the
nature of such violation, and directing that such violation
shall cease, and if such holder shall refuse or fail to comply
with such notice, such health authority may thereupon sus-
pend or revoke such permit.

502. Any applicant for a permit, or any permit-holder who
shall feel aggrieved by the action of the health authority in
failing to issue or in revoking or suspending such permit, mayr
within 10 days after receipt of notice of such failure or action,
take an appeal therefrom to any court having equity juris-
diction in the county in which the property identified by the
application or permit is located, or to a court having such
jurisdiction in the City of Baltimore if said property is lo-
cated in said City; and a copy of such appeal shall be filed
with such health authority. Within 5 days after the receipt
of such copy, the health authority shall transmit to such court
all the original papers pertaining to such application, sus-
pension or revocation, and such appeal shall thereafter be
heard by such court as promptly as circumstances will rea-
sonably permit. Such hearing may be had upon the record so
transmitted, but the court may hear such additional evidence
as it may deem proper, and upon the conclusion of such
hearing the court may affirm, vacate or modify the order ap-
pealed from. The taking or pending of such an appeal shall
not suspend the operation or effect of any order of suspension
or revocation issued by the health authority, but the court to
which such appeal is taken, upon proper cause shown, may
suspend the operation of such order, and may attach to such
suspension such conditions as to the court may seem proper.
Either party to said proceeding may appeal from the decision
of such court to the Court of Appeals of Maryland, the pro-
cedure therein to be the same as in appeals from the action of
equity courts in cases originating before the Public Service
Commission.

503. The health authority shall from time to time make,
revise or revoke, rules and regulations pertaining to the pro-
duction, processing, storing and selling of milk and milk
products. Nothing contained in the rules or regulations of the
State Department of Health shall be held to be effective in any
city or town having more than 100, 000 population, provided
said city or town maintains its own municipal health depart-
22

 

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Session Laws, 1941
Volume 582, Page 673   View pdf image (33K)   << PREVIOUS  NEXT >>


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