Ch. 59                             MARVIN MANDEL, Governor                                105

38.  JUDICIAL REVIEW.

(A)  ANY PERSON ADVERSELY AFFECTED OR AGGRIEVED BY ANY
RULE, REGULATION, STANDARD OR ORDER OF THE
COMMISSIONER ISSUED UNDER THIS SUBTITLE MAY OBTAIN A
REVIEW THEREOF IN ANY CIRCUIT OR EQUITY COURT OF THE
POLITICAL SUBDIVISION IN WHICH (1) THE VIOLATION IS ALLEGED
TO HAVE OCCURRED (2) OR WHERE THE EMPLOYER HAS ITS
PRINCIPAL OFFICE OR (3) IN THE BALTIMORE CITY COURT, AS THE
CASE MAY BE, BY FILING IN SUCH COURT WITHIN THIRTY DAYS
FOLLOWING THE ISSUANCE OF SUCH RULE, REGULATION,
STANDARD OR ORDER, A WRITTEN PETITION PRAYING THAT THE
RULE, REGULATION, STANDARD OR ORDER BE MODIFIED OR SET
ASIDE. A COPY OF SUCH PETITION SHALL BE SERVED ON THE
COMMISSIONER AND OTHER AFFECTED PARTIES THERETO. THE
FINDINGS OF THE COMMISSIONER WITH RESPECT TO QUESTIONS
OF FACT, AS SUPPORTED BY SUBSTANTIAL EVIDENCE, SHALL BE
CONCLUSIVE. THE COURT SHALL DETERMINE WHETHER THE
RULE, REGULATION, STANDARD OR ORDER IS IN ACCORDANCE
WITH LAW. THE COMMENCEMENT OF PROCEEDINGS UNDER THIS
SUBSECTION SHALL NOT OPERATE AS A STAY OF ANY RULE,
REGULATION, STANDARD OR ORDER ISSUED BY THE
COMMISSIONER UNDER THE PROVISIONS OF THIS SUBTITLE,
EXCEPT THAT THE COURT, AFTER NOTICE TO THE COMMISSIONER
AND HEARING, MAY GRANT A STAY UPON SUCH CONDITION OR
SUCH SECURITY OR BOND AS MAY, IN ITS DISCRETION, SEEM
PROPER.

(B)     IN ANY PROCEEDING UNDER THIS SECTION, RULES,
REGULATIONS AND STANDARDS OF THE COMMISSIONER SHALL
BE DEEMED PRIMA FACIE LAWFUL AND REASONABLE. NO SUCH
RULES, REGULATIONS AND STANDARDS SHALL BE HELD INVALID
BECAUSE OF TECHNICAL DEFECT, PROVIDED THERE IS
SUBSTANTIAL COMPLIANCE WITH THE PROVISIONS OF THIS
SUBTITLE.

(C)   THE COMMISSIONER MAY, AT ANY APPROPRIATE TIME,
OBTAIN ENFORCEMENT OF ANY RULE, REGULATION, STANDARD
OR ORDER BY FILING A PETITION FOR SUCH RELIEF IN ANY
CIRCUIT OR EQUITY COURT OF THE POLITICAL SUBDIVISION IN
WHICH (1) THE ALLEGED VIOLATION. OCCURRED (2) OR WHERE
THE EMPLOYER HAS ITS PRINCIPAL OFFICE, AND THE PROVISIONS
OF SUBSECTIONS (A) AND (B) SHALL GOVERN SUCH PROCEEDINGS
TO THE EXTENT APPLICABLE.

(D)   PETITIONS FILED UNDER THIS SECTION SHALL BE HEARD
EXPEDITIOUSLY.

39.  PROCEDURE FOR IMMINENT DANGER SITUATIONS.

(A) THE CIRCUIT COURTS OF THIS STATE SHALL HAVE
JURISDICTION, UPON PETITION OF THE COMMISSIONER, TO
RESTRAIN OR ENJOIN ANY CONDITIONS OR PRACTICES IN ANY
PLACE OF EMPLOYMENT WHICH ARE SUCH THAT AN IMMINENT
DANGER EXISTS WHICH COULD REASONABLY BE EXPECTED TO
CAUSE DEATH OR SERIOUS PHYSICAL HARM TO EMPLOYEES. ANY
ORDER ISSUED UNDER THIS SECTION MAY REQUIRE SUCH STEPS
TO BE TAKEN AS MAY BE NECESSARY TO AVOID, CORRECT, OR