154 LAWS OF MARYLAND [CH. 36
Article 66C of the Code, title "Natural Resources", sub-title "Gas
and Oil", sub-heading "In General" be and they are hereby re-
pealed and re-enacted, with amendments, to read as follows:
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 Commis-
sion at such hearings. For the purpose of all hearings and in-
quiries 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 attach-
ment 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, regulation 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, regu-
lation 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 thirty (30) days after the date of the
rule, regulation or order complained of. ] The Commission [shall
be named as] may become*a party [defendant] to such [petition]
review. [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 ap-
plication shall operate to] Commission may 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 ap-
proving, 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 concern-
|
![clear space](../../../images/clear.gif) |