2944

LAWS OF MARYLAND

Ch. 834

92.

(A)  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 MARYLAND
RULES.

(B)  THE COMMENCEMENT OF APPELLATE PROCEEDINGS DOES NOT
OPERATE AS A STAY OF ANY RULE, REGULATION, STANDARDS, OR
ORDER ISSUED BY THE COMMISSIONER UNDER THE PROVISIONS OF
THIS SUBTITLE EXCEPT THAT THE COURT, AFTER NOTICE TO THE
COMMISSIONER AND A HEARING, MAY GRANT A STAY UPON SUCH
CONDITION OR SUCH SECURITY OR BOND IT DEEMS PROPER.

(C)  IN ANY PROCEEDING UNDER THIS SECTION, THE RULES,
REGULATIONS, AND STANDARDS OF THE COMMISSIONERS:

(1) ARE PRIMA FACIE LAWFUL AND REASONABLE; AND

(2) COMMISSIONER ARE NOT INVALID BECAUSE OF A
TECHNICAL DEFECT IF THERE IS SUBSTANTIAL COMPLIANCE WITH THE
PROVISIONS OF THIS SUBTITLE.

(D)  THE COMMISSIONER MAY ENFORCE ANY RULE, REGULATION,
STANDARD,     OR ORDER BY FILING A PETITION FOR RELIEF IN A
COURT OF     COMPETENT JURISDICTION IN ACCORDANCE WITH THE
MARYLAND     ADMINISTRATIVE PROCEDURE ACT AND THE MARYLAND
RULES.

(E)  PETITIONS FILED UNDER THIS SECTION SHALL BE HEARD
EXPEDITIOUSLY.

93.

(A)  THE CIRCUIT COURTS OF THE STATE, UPON PETITION OF
THE COMMISSIONER, MAY RESTRAIN OR ENJOIN ANY CONDITIONS OR
PRACTICES IN THE OPERATION OF ANY RAILROAD THAT CREATE AN
IMMINENT DANGER WHICH COULD REASONABLY BE EXPECTED TO CAUSE
DEATH OR SERIOUS PHYSICAL HARM TO PERSONS OR DAMAGE TO
PROPERTY. ANY ORDER ISSUED UNDER THIS SECTION MAY REQUIRE
ANY NECESSARY ACTION TO AVOID, CORRECT, OR REMOVE THE
IMMINENT DANGER AND PROHIBIT THE PRESENCE OF ANY INDIVIDUALS
IN LOCATIONS OR UNDER CONDITIONS WHERE THE IMMINENT DANGER
EXISTS, EXCEPT INDIVIDUALS WHOSE PRESENCE IS NECESSARY TO
AVOID, CORRECT, OR REMOVE THE IMMINENT DANGER, OR WHERE A
CESSATION OF OPERATIONS IN NECESSARY TO PERMIT THE REMOVAL
TO BE ACCOMPLISHED IN A SAFE AND ORDERLY MANNER.

(B)  UPON THE FILING OF THE COMMISSIONER'S PETITION,
THE CIRCUIT COURTS OF THIS STATE MAY GRANT INJUNCTIVE RELIEF
OR A TEMPORARY RESTRAINING ORDER PENDING THE OUTCOME OF
ENFORCEMENT PROCEDURES PURSUANT TO THIS SUBTITLE. A
TEMPORARY RESTRAINING ORDER ISSUED WITHOUT NOTICE MAY NOT BE
EFFECTIVE FOR MORE THAN 7 DAYS.