1536                                        LAWS OF MARYLAND                            [Ch. 6

IF THE SECRETARY HAS REASON TO BELIEVE THAT ANY
MARKING, LABELING, SIZE, OR FORM OF ANY CONTAINER, IN
USE OR PROPOSED FOP USE WITH RESPECT TO ANY ARTICLE
SUBJECT TO THIS SUBTITLE, IS FALSE OR MISLEADING IN
ANY PARTICULAR, HE MAY DIRECT THAT ITS USE BE WITHHELD
UNLESS THE MARKING, LABELING, OR CONTAINER IS MODIFIED
SO THAT IT IS NOT FALSE OR MISLEADING. IF THE PERSON
USING OR PROPOSING TO USE THE MARKING, LABELING, OR
CONTAINER DOES NOT ACCEPT THE DETERMINATION OF THE
SECRETARY, HE MAY BEQUEST A HEARING BEFORE THE
SECRETARY. THE SECRETARY MAY WITHHOLD THE USE OF THE
MARKING, LABELING, OR CONTAINER PENDING HEARING AND
FINAL DETERMINATION BY THE SECRETARY. THE
DETERMINATION OF THE SECRETARY IS CONCLUSIVE UNLESS,
WITHIN 30 DAYS AFTER RECEIPT OF NOTICE OF THE FINAL
DETERMINATION, THE PERSON ADVERSELY AFFECTED APPEALS
IN ACCORDANCE WITH THE PROCEDURES OF THE
ADMINISTRATIVE PROCEDURE ACT.

REVISOR'S NOTE: Subsection (a) is new language
derived from Art. 43, §197-9(c) of the
Code.

Art. 43, §197-9(c) is proposed for
deletion because its substance appears in
§4-211(a).

Subsection (b) presently appears as Art.
43, §197-9(d) of the Code. The last phrase
is proposed for deletion and a reference to
the Administrative Procedure Act is
substituted therefor. This Act governs all
administrative appeals and designates which
court hears the cause of actions.

The only other changes made are in style.

SEC. 4-212. REFUSAL OR WITHDRAWAL OF INSPECTION.

(A)   PERSON RESPONSIBLY CONNECTED WITH BUSINESS -
DEFINED.

FOR THE PURPOSE OF THIS SECTION, A PERSON IS
RESPONSIBLY CONNECTED IF HE IS AN OFFICER, DIRECTOR,
HOLDER, OR AN OWNER OF AT LEAST 10 PERCENT OF THE
VOTING STOCK, OR AN EMPLOYEE IN A MANAGERIAL OR
EXECUTIVE CAPACITY IN THE BUSINESS.

(B)   UNFIT APPLICANT OR RECIPIENT.