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Session Laws, 1957
Volume 640, Page 558   View pdf image (33K)
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558                               Laws of Maryland                       [Ch. 399

in failing to issue or in revoking or suspending such license, may
within 10 days after receipt of notice of such failure or action, take
an appeal therefrom to any court having equity jurisdiction in the
county in which the property identified by the application or license
is located, or to a court having such jurisdiction in the City of Bal-
timore if said property is located in said City; and a copy of such
appeal shall be filed with such board. Within 5 days after the receipt
of such copy, the State Board of Health shall transmit to such court
all the original papers pertaining to such application, or revocation
or suspension 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 additional 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 revocation
issued by the said Board, 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 procedure therein to be the same as in appeals from the action
of equity courts in cases originating before the Public Service
Commission].

215F. Any applicant for a license, or any licensee who shall
feel aggrieved by the action of the State Board of Health in failing
to issue or in revoking such license, may, within ten days after
receipt of such notice of such failure or action, take an appeal
therefrom to any court having equity jurisdiction in the county in
which the property identified by the application or license is located,
or to a court having such jurisdiction in the city of Baltimore, if
said property is located in said city; and a copy of such appeal shall
be filed with the State Board of Health. Within five days after the
receipt of such copy the Board shall transmit to such court all the
original papers pertaining to such application, suspension, or re-
vocation, 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 have
such additional evidence as it may deem proper, and upon the con-
clusion of such hearing the court may affirm, vacate or modify the
order appealed from. The taking or pending of such appeal shall not
suspend the operation or effect of any order or revocation, issued
by the State Board of Health, 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
the court may deem proper. Either party to said proceedings may
appeal from the decision of said 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].

382. Any County, municipality, legally constituted water, sewer-
age or sanitary district, corporation, company, institution or person,
dissatisfied with any order or regulation of the State Board of
Health under the provisions of this sub-title, may commence, within
10 days after the service of such order or regulation, any action in

 

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Session Laws, 1957
Volume 640, Page 558   View pdf image (33K)
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