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532 LAWS OF MARYLAND [Ch. 4
MAINTENANCE, EXPANSION, RELOCATION, REPLACEMENT,
RENOVATION, AND REPAIR OF ITS WATER SUPPLY, WASTE
WATER PURIFICATION AND SOLID WASTE DISPOSAL PROJECTS.
REVISOR'S NOTE: This subsection is new language
derived from Article 33B, section 25 (a) of
the Code, as amended by Chapter 523, Acts
of 1972.
(B) METHOD OF PROMULGATION.—RULES AND
REGULATIONS SHALL BE PROMULGATED UNDER THE PROVISIONS
OF THE ADMINISTRATIVE PROCEDURE ACT, EXCEPT WHEN
NECESSARY FOR THE IMMEDIATE PRESERVATION OF THE PUBLIC
HEALTH AND SAFETY AND EXCEPT FOR EMERGENCY PROVISIONS
REQUIRED TO PROTECT SERVICE PROJECTS.
REVISOR'S NOTE: This subsection is new language
derived from Article 33B, section 25(b) of
the Code.
(C) EFFECT OF APPROVED REGULATION.—ANY
REGULATION ADOPTED BY THE SERVICE UNDER THIS SECTION,
AND APPROVED BY THE SECRETARY OF NATURAL RESOURCES,
HAS THE EFFECT OF LAW.
REVISOR'S NOTE: This subsection is new language
derived from Article 33B, section 25 (c) of
the Code.
3-130. ARBITRATION BY PUBLIC SERVICE COMMISSION
BINDING; APPEAL OF DECISION OF COMMISSION; JUDICIAL
REVIEW.
IF THE SERVICE AND A MUNICIPALITY OR PERSON FAIL
TO REACH AGREEMENT ON RATES, FEES, OR OTHER CHARGES TO
BE EXACTED BY THE SERVICE, THE PUBLIC SERVICE
COMMISSION, UPON THE PETITION OF EITHER PARTY TO THE
DISAGREEMENT SHALL ASSUME JURISDICTION FOR THE PURPOSE
OF ARBITRATING THE DISAGREEMENT. ITS DETERMINATION
SHALL BE FINAL AND BINDING ON ALL PARTIES CONCERNED,
SUBJECT TO THE RIGHT OF ANY PARTY TO APPEAL THE
DETERMINATION TO THE CIRCUIT COURT OF ANY COUNTY
WITHIN WHICH THE MUNICIPALITY OR PERSON IS LOCATED,
BESIDES, OR CARRIES ON BUSINESS, OR TO ANY EQUITY
COURT IN BALTIMORE CITY. IN ANY APPEAL THE DECISION
OF THE COMMISSION IS PRIMA FACIE CORRECT AND SHALL BE
AFFIRMED UNLESS CLEARLY SHOWN TO BE (1) IN VIOLATION
OF CONSTITUTIONAL PROVISIONS, OR (2) MADE UPON
UNLAWFUL PROCEDURE, OR (3) ARBITRARY OR CAPRICIOUS, OR
(4) AFFECTED BY OTHER ERROR OF LAW. IT IS THE
INTENTION OF THIS SUBTITLE THAT JUDICIAL REVIEW IN ALL
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