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Session Laws, 1967
Volume 681, Page 199   View pdf image (33K)
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SPIRO T. AGNEW, Governor                         199

WITH SUCH RULE OR REGULATION OF THE BOARD AND
THE BOARD SHALL THEREUPON ENTER SUCH ORDER AND
SHALL PROMPTLY GIVE WRITTEN NOTICE, EITHER BY
SERVICE AS SUMMONSES ARE SERVED OR BY CERTIFIED
MAIL, TO THE PERSON OR PERSONS AFFECTED BY SUCH
ORDER.

(C) AT ANY HEARING, ANY EMPLOYEE OF THE DE-
PARTMENT DESIGNATED BY THE COMMISSIONER, SHALL
BE AUTHORIZED TO ADMINISTER OATHS. ON HIS OWN
INITIATIVE, THE COMMISSIONER OF THE DEPARTMENT
MAY, AND AT THE REQUEST AND EXPENSE OF ANY
RESPONDENT TO A COMPLAINT SHALL, SUBPOENA AND
COMPEL THE ATTENDANCE OF SUCH WITNESSES AS HE
MAY DESIRE, OR AS THE RESPONDENT MAY REASON-
ABLY DESIGNATE AND SHALL REQUIRE THE PRODUCTION
FOR EXAMINATION OF ANY REQUIRED BOOKS, RECORDS,
PAPERS OR DOCUMENTS RELATING TO ANY MATTER
INVOLVED IN SUCH HEARING. IN CASE OF REFUSAL TO
OBEY A NOTICE OF HEARING OR SUBPOENA ISSUED
UNDER THIS SECTION, THE CIRCUIT COURT OF THE
COUNTY OR THE BALTIMORE CITY COURT, AS THE CASE
MAY BE, IN WHICH THE PERSON SO REFUSING RESIDES
OR IS SITUATE SHALL HAVE JURISDICTION, UPON APPLI-
CATION OF THE COMMISSIONER OF THE DEPARTMENT
OR THE RESPONDENT, TO ISSUE AN ORDER REQUIRING
SUCH PERSON TO APPEAR AND TESTIFY OR PRODUCE
EVIDENCE, AS THE CASE MAY REQUIRE. THE TESTIMONY
TAKEN AT THE HEARING SHALL BE UNDER OATH AND
RECORDED, AND COPIES OF ANY TRANSCRIPT AND OF
ANY OTHER RECORDS MADE OF SUCH HEARING SHALL
BE FURNISHED TO THE RESPONDENT UPON HIS REQUEST
AND AT HIS EXPENSE.

(D) INFORMATION RELATING TO SECRET PROCESSES
OR METHODS OF MANUFACTURE OR PRODUCTION MAY
BE WITHHELD BY ANY PERSON FROM ANY PUBLIC
HEARING BEFORE THE DEPARTMENT, AND ANY SUCH
INFORMATION WHICH MAY BE REQUIRED, ASCERTAINED
OR DISCOVERED BY ANY INSPECTOR OR OTHER EM-
PLOYEE OF THE DEPARTMENT, OR THE BOARD OR ANY
MEMBER THEREOF OR COUNCIL OR ANY MEMBER THERE-
OF SHALL BE KEPT CONFIDENTIAL.

699. RIGHTS OF PERSONS OTHER THAN THE STATE.

PERSONS OTHER THAN THE STATE SHALL NOT ACQUIRE
ACTIONABLE RIGHTS BY VIRTUE OF THIS SUBTITLE THE
BASIS FOR PROCEEDINGS OR OTHER ACTIONS THAT SHALL
RESULT FROM VIOLATIONS OF ANY RULE OR REGULA-
TION WHICH SHALL BE PROMULGATED BY THE BOARD
SHALL INURE SOLELY TO AND SHALL BE FOR THE BENE-
FIT OF THE PEOPLE OF THE STATE GENERALLY AND IS
NOT INTENDED TO CREATE IN ANY WAY NEW OR EN-
LARGED RIGHTS OR TO ENLARGE EXISTING RIGHTS. A
DETERMINATION BY THE BOARD THAT AIR POLLUTION
EXISTS OR THAT ANY RULE OR REGULATION HAS BEEN
DISREGARDED OR VIOLATED, WHETHER OR NOT A PRO-

 

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Session Laws, 1967
Volume 681, Page 199   View pdf image (33K)
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