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Session Laws, 1959
Volume 642, Page 297   View pdf image (33K)
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J. MILLARD TAWES, GOVERNOR                            297

41. Whenever any person shall feel himself aggrieved by any rule,
regulation or order of the Commission, he shall have a right to file a
sworn petition with the Commission setting forth the grounds and
reasons for his complaint and asking for a hearing of the matter
involved. The Commission shall thereupon fix the time and place for
such hearing and shall notify the petitioner thereof. At such hearing,
the petitioner and any other interested parties may appear, present
witnesses and submit evidence. The Chairman of the Commission
or any member thereof shall have the power to administer oaths
to all witnesses who appear before said Commission at such hear-
ings. For the purpose of all hearings and inquiries which they are
authorized to make or hold, the Chairman of the Commission
or any member thereof may issue summons for witnesses, and
all summons so issued shall be served by the Sheriff of Baltimore
City or by the Sheriff of the particular county. If any witness so
summoned shall refuse to testify, the official issuing the summons
shall report the facts to the Baltimore City Court or the Circuit
Court of the particular county, as the case may be, and said Court
is hereby authorized and directed to proceed by attachment against
said witness in all respects as if said neglect or refusal had been
by a witness summoned to appear in said Court in a case pending
before it. At the hearing, the person charged shall be entitled to
be represented by counsel. Any person aggrieved by any rule, regu-
lation or order of the Commission shall have the right to apply
for review thereof to the Circuit Court sitting in equity, of the
county or to the Circuit Court or the Circuit Court No. 2 of Baltimore
City, as the case may be, wherein is situated the establishment
affected thereby, on the grounds that such rule, regulation or
order is impracticable of attainment or unlawful. Such application
shall be by petition which shall be filed in the clerk's office of such
court within [sixty (60)]thirty (30) days after the date of the
rule, regulation or order complained of. The Commission shall be
named as a party defendant to such petition. Within fifteen (15)
days after such petition is so filed, the petitioner shall serve on
the Director or any member of the Commission a copy of the
petition, and within fifteen (15) days thereafter the answer of the
Commission shall be filed, whereupon such cause shall be to issue
and stand ready for hearing upon fifteen (15) days' notice to
either party. The filing of such application shall operate to suspend
the rule, regulation or order complained of until the validity of such
rule, regulation or order shall have been finally adjudicated. The
said court shall hear the proceeding de novo, shall thereupon
determine in writing all matters of law and fact, and render its
decision approving, setting aside or modifying the rule, regulation
or order complained of and the clerk of said court shall certify the
same to the Commission. The Commission or any party aggrieved by
any such final decision of the court shall have, regardless of
the amount involved, the right of appeal to the Court of Appeals
of Maryland. The procedure shall be the same as that provided by
law concerning appeals in civil cases and such appeals shall have
precedence over all cases except criminal cases.

Sec. 2. And be it further enacted, That this Act shall take effect
June 1, 1959.

Approved March 24, 1959.

 

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Session Laws, 1959
Volume 642, Page 297   View pdf image (33K)
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