3558
EXECUTIVE ORDERS
Mental Hygiene, NATURAL RESOURCES, Agriculture, State
Department of Licensing and Regulation, Division of Labor
and Industry or any other State department or agency.
8-1414. Orders to correct violations.
If a violation of any provision of this subtitle has
occurred and the existence of the violation has been finally
determined, the [administration] DEPARTMENT OF HEALTH AND
MENTAL HYGIENE shall promptly issue an order requiring the
correction of each violation found to have occurred, and the
[administration] DEPARTMENT shall secure compliance with the
provisions of the order. If the terms of the order are
violated or if the violation has not been corrected within
the time specified in the order, the violation shall be
referred to the Attorney General, who, in addition to any
other action taken or which he elects to take against the
violator, shall take appropriate legal action to require
correction of the violation. This subsection does not
prevent the Attorney General or the [administration]
DEPARTMENT OF HEALTH AND MENTAL HYGIENE from taking action
against the violator before the expiration of the time
limitations or schedules in the order.
8-1415. Injunctive relief.
(a) Duty of Attorney General; finding of [Department]
DEPARTMENTS deemed prima facie evidence. — The Attorney
General on the request of the [administration] DEPARTMENT OF
NATURAL RESOURCES OR THE DEPARTMENT OF HEALTH AND MENTAL
HYGIENE, AS APPROPRIATE, shall prosecute criminal cases or
bring an action for an injunction against any person
violating the provisions of this title, or violating any
valid order or permit issued by [the administration] EITHER
DEPARTMENT. In any action for an injunction brought
pursuant to this section, any finding of [the
administration] EITHER DEPARTMENT after hearing shall be
prima facie evidence of each fact found.
(b) Grounds for injunction. — Upon a showing by the
Attorney General in behalf of the [administration]
DEPARTMENT OF HEALTH AND MENTAL HYGIENE that any person is
violating or is about to violate the provisions of this
subtitle or is violating or is about to violate any valid
order or permit issued by the [administration] DEPARTMENT,
an injunction shall be granted without the necessity of
showing a lack of adequate remedy at law. In circumstances
of emergency creating conditions of imminent danger to the
public health, welfare or the environment the Attorney
General, on behalf of the [administration] DEPARTMENT OF
HEALTH AND MENTAL HYGIENE, may institute a civil action for
an immediate injunction to halt any pollution or other
activity causing the danger.
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