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Session Laws, 1962
Volume 651, Page 147   View pdf image (33K)
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J. MILLARD TAWES, Governor 147

City, as hereinafter provided, the Commissioner may at any time,
upon such notice and in such manner as he shall deem proper,
modify or set aside in whole or in part any order issued by him
under this section.

352(c) After the expiration of the time allowed for filing such
[a petition] an order for [a review] appeal if no such [petition]
order has been duly filed within such time, the Commissioner may
at any time, after notice and opportunity for hearing, reopen and
alter, modify or set aside, in whole or in part, any order issued
by him under this section, whenever in his opinion conditions of
fact or of law have so changed as to require such action or if the
public interest shall so require.

353. (a) Any person required by an order of the Commissioner
under Section 352 to cease and desist from engaging in any unfair
method of competition or any unfair or deceptive act or practice
defined in Section 349 may obtain a review of such an order by
[filing in] the circuit court of the county, or [in] by the Circuit
Court or the Circuit Court No. 2 of Baltimore City, wherein the
person resides or has his principal place of business. [, within twenty
(20) days from the date of the service of such order, a written
petition praying that the order of the Commissioner be set aside.
A copy of such petition shall be forthwith served upon the Com-
missioner, and thereupon the Commissioner forthwith shall certify
and file in such court a transcript of the entire record in the pro-
ceeding, including all the evidence taken and the report and order
of the Commissioner. Upon such filing of the petition and transcript
s] Such court [shall have jurisdiction of the proceeding and of
the question determined therein, shall determine whether the filing
of such petition shall operate as a stay of such order of the Com-
missioner, and] shall have power to make and enter upon the
pleadings, evidence, and proceedings set forth in such transcript
a decree modifying, affirming or reversing the order of the Com-
missioner, in whole or in part.

353 (c) A cease and desist order issued by the Commissioner
under Section 352 shall become final:

(1) Upon the expiration of the time allowed for filing [a petition]
an order for [review] appeal if no such order [petition] has been
duly filed within such time; except that the Commissioner may
thereafter modify or set aside his order to the extent provided
in Section 352 (b); or

(2) Upon the expiration of the time allowed for filing an appeal
from the final decision of the court provided no such appeal is
filed, if the court directs that the order of the Commissioner be
affirmed or the petition for review dismissed; or

(3) Upon the expiration of thirty (30) days from the date of
issuance of the mandate of the Court of Appeals, if such court
directs that the order of the Commissioner be affirmed.

SEC. 33. And be it further enacted, That Section 60 of Article 52
of the Code, title "Justices of the Peace, " sub-title "Attachments"
be and it is hereby repealed and that a new Section 60 be and it


 

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Session Laws, 1962
Volume 651, Page 147   View pdf image (33K)
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