MARVIN MANDEL, Governor                                 1519

law courts of Baltimore City has
jurisdiction. If a person appeals from a
decision of the Board of Review, the
circuit court of any county or the
Baltimore City Court has jurisdiction under
the provisions of the Administrative
Procedure Act; See Art. 14, §255. In cases
not involving injunctive relief, the
applicable provision of the law governs.

Subsection (b) is new language derived from
a similar provision of the Poultry Products
Inspection Act, Art. 43, §197-21, and set
forth here because it is equally applicable
to the Wholesome Heat Act. The present
provision stating that a subpoena for a
witness issued by a court of one county
runs into any other county is omitted here.
It duplicates Rules 103 and 114 of the
Maryland Rule of Procedure and the District
Court Rules.

SEC. 4-130. PENALTY FOR VIOLATION OF §4-123.

NOTWITHSTANDING ANY PENALTY PROVIDED BY THE
PROVISIONS OF THIS ARTICLE, ANY PERSON WHO VIOLATES
THE PROVISIONS OF §4-123 IS GUILTY OF A MISDEMEANOR
AND, ON CONVICTION, IS SUBJECT TO IMPRISONMENT NOT
EXCEEDING SIX MONTHS, OR A FINE NOT EXCEEDING $3,000,
OR BOTH. IF THE VIOLATION IS COMMITTED AFTER THE
FIRST CONVICTION BECOMES FINAL, THE PERSON IS SUBJECT
TO IMPRISONMENT NOT EXCEEDING ONE YEAR, OR A FINE NOT
EXCEEDING $5,000, OR BOTH. IF THE VIOLATION IS
COMMITTED AFTER THE SECOND CONVICTION BECOMES FINAL,
THE PERSON IS SUBJECT TO IMPRISONMENT NOT EXCEEDING
TWO YEARS, OR A FINE NOT EXCEEDING $1,000, OR BOTH.
THE COURT MAY IMPOSE COSTS IN ITS DISCRETION.

Revisor's Note: This section presently appears as
Art. 66C, §470-0 of the Code. The first
phrase is new language added to indicate
that this penalty provision supersedes any
fine or period of imprisonment provided by
the uniform penalty provision. The last
sentence also is new language added to
conform with a similar provision set forth
in the uniform penalty provision.

The only other changes made are in style.
SEC. 4-131. SHORT TITLE.