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Session Laws, 1978
Volume 736, Page 2439   View pdf image
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BLAIR LEE III, Acting Governor                           2439

(A) EXCEPT AS PROVIDED IN SUBSECTION (E), THE COURT
MAY GRANT A STAY OF THE FOLLOWING PROCEEDINGS BROUGHT
PURSUANT TO THIS SUBTITLE UPON MOTION OF DEFENDANT MADE UPON
NOTICE TO ALL PARTIES AND TO THE ATTORNEY GENERAL WHETHER OR
NOT A PARTY WHENEVER THERE IS PENDING ANY OF THE FOLLOWING
AT THE TIME OF COMMENCEMENT OF AN ACTION BROUGHT PURSUANT TO
THIS SUBTITLE:

(1) ANY ADMINISTRATIVE ENFORCEMENT HEARING
INITIATED BY AN AGENCY OF THE STATE OR A POLITICAL
SUBDIVISION, EITHER PRIOR TO OR AFTER RECEIPT OF THE
STATUTORY NOTICE REQUIRED BY §1-505(B) AND (C), WITH
JURISDICTION BY LAW OVER THE CONDITION OR ACTIVITY
COMPLAINED OF, IF THE PROCEEDING IS BEING DILIGENTLY
PROSECUTED IN THE OPINION OF THE COURT;

(2) JUDICIAL REVIEW OF ANY ADMINISTRATIVE
ACTION TAKEN WITH RESPECT TO THE CONDITION OR ACTIVITY
COMPLAINED OF;

(3)    AN ACTION IN COURT BROUGHT BY THE ATTORNEY
GENERAL ON BEHALF OF A STATE AGENCY REPRESENTED BY HIM OR BY
A POLITICAL SUBDIVISION OF THE STATE WITH RESPECT TO THE
CONDITION OR ACTIVITY COMPLAINED OF; OR

(4)    AN APPEAL FROM A JUDGMENT RENDERED WITH
RESPECT TO AN ACTION BROUGHT UNDER ITEM (3).

(E) EXCEPT AS PROVIDED IN SUBSECTION (E), THE COURT
ALSO MAY GRANT THE STAY PROVIDED FOR IN SUBSECTION (A) UPON
MOTION MADE BY THE ATTORNEY GENERAL ON BEHALF OF THE PEOPLE
OF THE STATE OR BY A STATE AGENCY OR OFFICIAL REPRESENTED BY
HIM, WHETHER OR NOT HE IS A NAMED PARTY DEFENDANT.

(C)    A STAY SHALL BE GRANTED FOR A TIME THE COURT
CONSIDERS REASONABLE FOR COMPLETION OF THE ADMINISTRATIVE OR
JUDICIAL PROCEEDING, THE PENDENCY OF WHICH IS THE BASIS FOR
THE MOTION FOR THE STAY, BUT IN NO EVENT MAY A STAY BE
GRANTED FOR LONGER THAN 90 DAYS WITHOUT A SHOWING OF
SUFFICIENT CAUSE BY THE DEFENDANT OR THE ATTORNEY GENERAL.

(D)    THE COURT, UPON MOTION DEMONSTRATING SUFFICIENT
CAUSE, MAY GRANT EXTENSIONS OF THE STAY FOR ADDITIONAL
PERIODS NOT TO EXCEED 90 DAYS EACH.

(E)    A STAY PURSUANT TO THIS SECTION MAY NOT BE
GRANTED IF THE COURT FINDS THAT THE CONDITION OR ACTIVITY
COMPLAINED OF EITHER PRESENTS AN IMMINENT DANGER TO THE
HEALTH, WELFARE, OR SAFETY OF THE PEOPLE OF THE STATE OR
RESULTS IN, OR IS LIKELY TO RESULT IN, IRREVERSIBLE OR
IRREPARABLE DAMAGE TO THE AIR, WATER, OR OTHER NATURAL
RESOURCES OF THE STATE EXCEPT PURSUANT TO SECTION
1-504(E)(2).

1-507. PROCEDURES.

(A) AN ACTION BROUGHT PURSUANT TO THIS SUBTITLE MAY

 

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Session Laws, 1978
Volume 736, Page 2439   View pdf image
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