664                              Laws of Maryland                      [Ch. 326

to be submitted fail to comply with the subtitle so as to afford him
an opportunity to make the necessary corrections. [If upon receipt
of such notice, the applicant insists that such corrections are not
necessary and requests in writing that the article be registered, the
State Chemist shall register the article, under protest, and such reg-
istration shall be accompanied by a warning in writing to the regis-
trant of the apparent failure of the article to comply with the provi-
sions of this subtitle. In order to protect the public, the State Chem-
ist, on his own motion, may at any time, cancel the registration of a
pesticide and in lieu thereof, issue a registration under protest in
accordance with the foregoing procedure. In no event shall regis-
tration of an article, whether or not protested, be construed as a
defense for the commission of any offense prohibited under Section
131 of this subtitle.] If upon receipt of such notice,, the applicant
does not make the corrections, the State Chemist may refuse to regis-
ter the article. The State Chemist may suspend or cancel the regis-
tration of a pesticide whenever it does not appear that the article or
its labeling complies with the provisions of the applicable law and
regulations. Whenever an application for registration is refused or
the State Chemist proposes to suspend or cancel a registration, notice
of such proposed action shall be given to the applicant or registrant
who may request a hearing within thirty days from the date such
notice is received. The hearing shall be conducted by the Director
of the State Board of Agriculture, or his designee, who shall there-
after prepare and serve upon the applicant a written statement
containing findings of fact and an appropriate order.

Any person adversely affected by an order may obtain a review of
such decision by a civil action commenced within sixty days after
the mailing to him of notice of such decision. Such action shall be
brought in the circuit court of the county in which the person resides
or has his principal place of business, or in the Baltimore City
Court. As part of its answer, the State Board of Agriculture shall
file a certified copy of the transcript of the record on which the find-
ings and order in question are based. The court shall have power to
enter, upon the pleadings and transcript of the record, a judgment
affirming, modifying, or reversing the decision of the Director of the
State Board of Agriculture, with or without remanding the cause
for a rehearing. The findings of the Director of the State Board of
Agriculture as to any fact, if supported by substantial evidence,
shall be conclusive.

The court may, at any time, on good cause shown, order additional
evidence to be taken before the Director of the State Board of Agri-
culture, and the Director shall, after the case is remanded, and after
hearing additional evidence, modify or affirm his findings of fact
and his order, and shall file with the Court any such additional
and modified findings of fact, and a transcript of the additional
record upon which his action in modifying or affirming was based.
Such additional or modified findings of fact and order shall be re-
viewable only to the extent provided for review of the original find-
ings of fact and order.

(e) Notwithstanding any other provision of this subtitle, regis-
tration is not required in the case of a pesticide shipped from one
plant within this State to another plant within this State operated
by the same person.