MARVIN MANDEL,

Governor

2305

OR THE ASSESSED PENALTY.

[[(D)]] (C) IF WITHIN 15 WORKING DAYS FROM THE
RECEIPT OF NOTIFICATION ISSUED BY THE COMMISSIONER, THE
OWNER OR LESSEE DOES NOT NOTIFY THE COMMISSIONER OF HIS
INTENTION TO CONTEST THE NOTIFICATION OR THE ASSESSED
PENALTY, THE NOTIFICATION AND PENALTY ARE FINAL.

[[(E) ]] (D) IF AN OWNER OR LESSEE OF AN AMUSEMENT
RIDE OR AN ATTRACTION NOTIFIES THE COMMISSIONER IN
WRITING, THAT HE INTENDS TO CONTEST A CITATION ISSUED
UNDER §71 OF THIS SUBTITLE OR A NOTIFICATION ISSUED UNDER
SUBSECTIONS (A), (B) , AND (C) OF THIS SECTION, THE
COMMISSIONER SHALL GRANT A HEARING WITHIN 30 DAYS AFTER
THE RECEIPT OF THE NOTIFICATION BY THE COMMISSIONER.

[[(F)]] (E) (1) THE COMMISSIONER MAY APPOINT A
HEARING EXAMINER TO HEAR AND MAKE A DETERMINATION UPON
ANY PROCEEDING INSTITUTED BEFORE THE COMMISSIONER AND ANY
MOTION IN CONNECTION THEREWITH ASSIGNED TO HIM BY THE
COMMISSIONER.

(2)    THE HEARING EXAMINER SHALL PREPARE AN
OFFICIAL RECORD THAT INCLUDES TESTIMONY AND EXHIBITS AND
MAKES A REPORT IN WRITING OF HIS DETERMINATION WHICH
CONSTITUTES HIS FINAL DISPOSITION OF THE PROCEEDINGS.

(3)    THE REPORT OF TEE HEARING EXAMINER
BECOMES FINAL UNLESS WITHIN TEN WORKING DAYS AFTER THE
REPORT BY THE HEARING EXAMINER, ANY AFFECTED OWNER OR
LESSEE REQUESTS IN WRITING A REVIEW BY THE COMMISSIONER
OF THE PROCEEDINGS BEFORE THE HEARING EXAMINER.

[[(G)]] (F) (1) AFTER A REVIEW OF THE PROCEEDINGS
THE COMMISSIONER SHALL, WITH OR WITHOUT A HEARING, ISSUE
AN ORDER, BASED ON FINDINGS OF FACT, AFFIRMING, MODIFYING
OR VACATING THE [[ORDER OF CESSATION OF OPERATION]]
CITATION OR CIVIL PENALTY, OR DIRECTING OTHER APPROPRIATE
RELIEF.

(2) THE COMMISSIONER'S ORDER BECOMES FINAL
15 DAYS AFTER ITS ISSUANCE.

[[(H)]] (G) AFTER AN OPPORTUNITY FOR HEARING AS
PROVIDED IN THIS SECTION, THE COMMISSIONER, UPON A
SHOWING BY AN AMUSEMENT RIDE OR ATTRACTION OWNER OR
LESSEE OF A GOOD FAITH EFFORT TO COMPLY WITH THE
ABATEMENT REQUIREMENTS OF A CITATION, THAT ABATEMENT HAS
NOT BEEN COMPLETED BECAUSE OF FACTORS BEYOND HIS
REASONABLE CONTROL, MAY ISSUE AN ORDER AFFIRMING OR
MODIFYING THE ABATEMENT REQUIREMENTS IN THE CITATION.

76.

(A) (1) ANY PERSON ADVERSELY AFFECTED OR
AGGRIEVED BY ANY RULE, REGULATION, STANDARD OR ORDER OF
THE COMMISSIONER ISSUED UNDER THIS SUBTITLE MAY APPEAL TO
A COURT OF COMPETENT JURISDICTION IN ACCORDANCE WITH THE