596 LAWS OF MARYLAND Ch. 231
PROCEEDINGS ON WHICH THE SECRETARY BASED HIS
DETERMINATION.
(2) IF THE PETITIONER APPLIES TO THE COURT FOR LEAVE TO
ADDUCE ADDITIONAL EVIDENCE, AND SHOWS TO THE
SATISFACTION OF THE COURT THAT THE ADDITIONAL EVIDENCE
IS MATERIAL AND THAT THERE WAS NO OPPORTUNITY TO
ADDUCE THE EVIDENCE IN THE PROCEEDING BEFORE THE
SECRETARY, THE COURT MAY ORDER THE ADDITIONAL EVIDENCE
AND EVIDENCE IN REBUTTAL THEREOF TO BE TAKEN BEFORE THE
SECRETARY IN A HEARING OR IN ANY OTHER MANNER, AND
UPON OTHER TERMS AND CONDITIONS THE COURT DEEMS
PROPER. THE SECRETARY MAY MODIFY HIS FINDINGS AS TO THE
FACTS, OR MAKE NEW FINDINGS, BY REASON OF THE ADDITIONAL
EVIDENCE SO TAKEN, AND HE SHALL FILE THE MODIFIED OR NEW
FINDINGS, AND HIS RECOMMENDATION, IF ANY, FOR THE
MODIFICATION OR SETTING ASIDE OF HIS ORIGINAL
DETERMINATION, WITH THE RETURN OF THE ADDITIONAL
EVIDENCE.
(3) UPON THE FILING OF THE PETITION UNDER THIS
SUBSECTION, THE COURT HAS JURISDICTION TO REVIEW THE
DETERMINATION OF THE SECRETARY. IF THE COURT ORDERED
ADDITIONAL EVIDENCE TO BE TAKEN UNDER SUBSECTION (C)(2)
ABOVE, THE COURT ALSO SHALL REVIEW THE SECRETARY'S
DETERMINATION TO DETERMINE IF, ON THE BASIS OF THE ENTIRE
RECORD BEFORE THE COURT PURSUANT TO SUBSECTIONS (C)(l)
AND (2), IT IS SUPPORTED BY SUBSTANTIAL EVIDENCE. IF THE
COURT FINDS THE DETERMINATION IS NOT SO SUPPORTED, THE
COURT MAY SET IT ASIDE. WITH RESPECT TO ANY
DETERMINATION REVIEWED UNDER THIS SUBSECTION, THE
COURT MAY GRANT APPROPRIATE RELIEF PENDING CONCLUSION
OF THE REVIEW PROCEEDINGS.
812.
(A) FOR THE PURPOSES OF ENFORCEMENT OF THIS SUBTITLE,
OFFICERS OR EMPLOYEES DULY DESIGNATED BY THE SECRETARY,
UPON PRESENTING APPROPRIATE CREDENTIALS TO THE OWNER,
OPERATOR, OR AGENT IN CHARGE, MAY ENTER, AT REASONABLE
TIMES, ANY FACTORY, WAREHOUSE, OR ESTABLISHMENT IN
WHICH ALLEGED HAZARDOUS SUBSTANCES ARE
MANUFACTURED, PROCESSED, PACKED, OR HELD FOR
INTRODUCTION INTO COMMERCE OR ARE HELD AFTER
INTRODUCTION, OR TO ENTER ANY VEHICLE BEING USED TO
TRANSPORT OR HOLD HAZARDOUS SUBSTANCES IN COMMERCE;
AND TO INSPECT AT REASONABLE TIMES, AND WITHIN
REASONABLE LIMITS AND IN A REASONABLE MANNER, THE
FACTORY, WAREHOUSE, ESTABLISHMENT, OR VEHICLE. AND ALL
PERTINENT EQUIPMENT, FINISHED AND UNFINISHED MATERIALS,
AND LABELING THEREIN; AND TO OBTAIN SAMPLES OF THE
MATERIALS OR PACKAGES THEREOF, OR OF THE LABELING.
(B) IF THE OFFICER OR EMPLOYEE OBTAINS ANY SAMPLE,
PRIOR TO LEAVING THE PREMISES, HE SHALL PAY OR OFFER TO
PAY THE OWNER, OPERATOR, OR AGENT IN CHARGE FOR THE
SAMPLE AND GIVE A RECEIPT DESCRIBING THE SAMPLES
OBTAINED.
|
|