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Session Laws, 1957
Volume 640, Page 557   View pdf image (33K)
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Theodore R. McKeldin, Governor                      557

Sec. 25. And be it further enacted by the General Assembly of
Maryland,
That Section 192 (e) of Article 43 of the Annotated Code
of Maryland (1951 Edition), title "Health", sub-title "Adulteration
of Food and Drink"; Section 206 of Article 43 of the Annotated
Code of Maryland (1951 Edition), title "Health", sub-title "Food
Products"; Section 215 F of Article 43 of the Annotated Code of
Maryland (1956 Supplement), title "Health", sub-title "Crab Meat";
Section 382 of Article 43 of the Annotated Code of Maryland (1951
Edition), title "Health", sub-title "Water, Ice and Sewerage"; SEC-
TION 411 (K) OF ARTICLE 43 OF THE ANNOTATED CODE OF
MARYLAND (1951 EDITION), TITLE "HEALTH", SUBTITLE
"WATER AND/OR SEWER AUTHORITIES", and Sections 535 and
554 of Article 43 of the Annotated Code of Maryland (1951 Edition),
title "Health", sub-title "Milk", be and they are hereby repealed and
re-enacted, with amendments, to read as follows:

192 (e). Any applicant for a license, or any license-holder who
shall feel aggrieved by the action of said Board in failing to issue
or in revoking or suspending such license, may within ten (10) days
after receipt of notice of such failure or action, take an appeal there-
from to any court having equity jurisdiction in the county in which
the property identified by the application or license is located if
within the counties of Maryland, or to a court having such juris-
diction in the City of Baltimore if said property is located in said
City, or outside the State of Maryland, and a copy of such appeal
shall be filed with said Board. Within 5 days after the receipt of such
copy, the said Board shall transmit to such court all the original
papers pertaining to such application, suspension or revocation, and
such appeal shall thereafter be heard by such court as promptly as
circumstances will reasonably permit. Such hearing may be had
upon the record so transmitted, but the court may hear such ad-
ditional evidence as it may deem proper, and upon the conclusion
of such hearing the court may affirm, vacate or modify the order
appealed from. The taking or pending of such an appeal shall not
suspend the operation or effect of any order of suspension or re-
vocation issued by the said Board, but the court to which such ap-
peal 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 procedure therein to be the same as in appeals
from the action of equity courts in cases originating before the
Public Service Commission].

206. The State Board of Health shall have the power to revoke
or suspend any license issued under the provisions of this; sub-title,
provided before revoking or suspending any license the State Board
of Health shall have given written notice to the licensee affected,
stating that it contemplates the revocation or suspension of the
same and giving its reasons therefor. Such notice shall appoint a
time of hearing before said State Board of Health and shall be sent
by registered mail to the licensee. On the date of the hearing the
licensee may present such evidence to the said State Board of Health
as he deems fit, and after hearing all the evidence the State Board
of Health shall decide the question in such a manner as to it appears
just and right. Any applicant for a license, or any license-holder
who shall feel aggrieved by the action of the State Board of Health

 

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Session Laws, 1957
Volume 640, Page 557   View pdf image (33K)
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