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Session Laws, 1955
Volume 620, Page 62   View pdf image (33K)
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62                                   LAWS OF MARYLAND                            [CH. 44

suant to Sections 20 and 22 of this sub-title may commence an action
in the circuit or equity court of the political sub-division in which he
resides,
MAINTAINS A PLACE OF BUSINESS OR MAINTAINS
HIS PRINCIPAL OFFICE, against the Commissioner of Labor and
Industry to set aside such rule or regulation, but only on the ground
that it is unlawful or unreasonable. Such action and pleadings therein
shall be governed by the rules and laws applicable to equity proceed-
ings in such court, provided that no order granting any character of
injunctive relief shall be issued and no rule shall be set aside except
after due notice in writing to the Commissioner of Labor and Indus-
try, and a full hearing and determination as to the lawfulness and
reasonableness of the rule or regulation. Either party to such action
shall have a right to appeal from any judgment or order therein, as
provided by law; provided, that no order granting any character of
injunctive relief shall become effective until the time for appeal has
expired without appeal having been taken, or until such order has
been finally sustained.

(b)  In any proceeding under this section, rules and regulations of
the Commisioner of Labor and Industry shall be deemed prima facie
lawful and reasonable. No such rules and regulations shall be held
invalid because of technical defect, provided there is substantial
compliance with the provisions of this sub-title.

(c)  In any proceedings brought pursuant to Section 31 of this sub-
title, involving a rule or regulation which is the subject of a pro-
ceeding under this section, the court shall stay the proceedings under
Section 31 during the pendency of a proceeding under this section.
Provided, that in the case of a proceeding under Section 31 (b), the
court granting a stay, shall, upon verified statement of the Commis-
sioner of Labor and Industry that serious danger to the health or
safety of employees is threatened by the continuing violation of a
rule or regulation involved in a proceeding under such sub-section,
issue a temporary injunction or restraining order enjoining or re-
straining, during the period of the stay, any violation of such rule
or regulation.

31. Penalties and injunctions, (a) Any person failing to comply
with any provisions of this sub-title or with any rule, regulation, or
order issued thereunder, or interfering with, impeding or obstruc-
ting in any manner the Commissioner of Labor and Industry or his
authorized representatives or the Board members in the performance
of their official duties und.er this sub-title, shall be guilty of a viola-
tion of this sub-title, and upon conviction thereof shall be subject to
a fine of not less than ten dollars nor more than one hundred dollars
or to imprisonment for not less than ten days nor more than six
months, or both such fine and imprisonment, for each such offense.

(b) The Commissioner of Labor and Industry may institute pro-
ceedings in the circuit or equity court of the political sub-division
within which any person charged with violating any provision of this
sub-title resides or maintains a place of business to enjoin such viola-
tion, and such Court shall have jurisdiction to issue temporary or
permanent restraining orders or grant other appropriate equitable
relief to assure compliance with the provisions of this sub-title and
any applicable rule, regulation or order of the Commissioner of
Labor and Industry.


 

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Session Laws, 1955
Volume 620, Page 62   View pdf image (33K)
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