1048                             LAWS OF MARYLAND                        [CH. 635

authority based upon such testimony, and a copy of all decisions and
orders made by the said officer in the proceedings. The case shall be
heard upon the record certified to the court as aforesaid. No addi-
tional testimony shall be taken before the court, but the court may,
in proper cases, remit the record to the respondent for the taking of
further testimony and from the record, the court may review, modify
or affirm or make new findings of fact as well as decide the law
applicable.

648N. If the operator fails or refuses to comply with the require-
ments of the sub-title in any respect for which liability has been
charged on the bond, the Director shall declare 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 for-
feited thereon, and where the operator had deposited cash or secur-
ities in lieu of bond, the Director shall declare such portion of said
deposit forfeited, and shall direct the State Treasurer to pay said
funds into the Bituminous Coal Open Pit Mining Reclamation Fund,
or to proceed to sell said securities to the extent forfeited and pay
the proceeds thereof into the Bituminous Coal Open Pit Mining Re-
clamation Fund. Any operator aggrieved by reason of forfeiting the
bond or selling securities, as herein provided, shall have a right to
contest such action and appeal as provided in Section 648N of this
sub-title.

648-0. Any operator who proceeds to mine bituminous coal by the
open pit mining method without having registered, as herein pro-
vided, shall be guilty of a misdemeanor, 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.

648P. The provisions of this sub-title shall not apply to any person,
partnership or corporation who does not mine in excess of two hun-
dred and fifty (250) tons of coal in any period of twelve successive
calendar months.

648Q. All funds received by the Director from registration fees,
and from forfeiture of bonds, and of cash deposits and securities,
shall be held by the State Treasurer in a special fund, separate and
apart from all other moneys in the State Treasury, to be known as
the ''Bituminous Coal Open Pit Mining Reclamation Fund", and shall
be used by the Director of the

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BUREAU OF MINES for back-filling or planting.

6U8R. The provisions of this sub-title shall apply to Allegany and
Garrett Counties only.