HARRY HUGHES, Governor

163

(L) RIGHT OF ENTRY.

(1)  THE SECRETARY OR AN AGENT OR EMPLOYEE OF THE
SECRETARY MAY ENTER, AT ANY REASONABLE HOUR, A PLACE OF
BUSINESS OR PUBLIC PREMISES IF THE ENTRY IS NECESSARY TO
CARRY OUT A DUTY UNDER THIS ARTICLE, THE HEALTH -
ENVIRONMENTAL ARTICLE, OR THE HEALTH OCCUPATIONS ARTICLE.

(2)  A PERSON MAY NOT DENY OR INTERFERE WITH AN
ENTRY UNDER THIS SUBSECTION.

(3)  A PERSON WHO VIOLATES ANY PROVISION OF THIS
SUBSECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS
SUBJECT TO A FINE NOT EXCEEDING $100.

REVISOR'S NOTE: This subsection is new language
patterned after Article 43, § 36(b).

In paragraph (1) of this subsection, reference to
the Secretary is substituted for the obsolete
reference to the "State Board of Health". See
the General Revisor's Note to this article.

The reference to an entry "to carry out the
investigations authorized by this section" —
i.e., Article 43, § 36(a) -- is omitted as
unnecessary in light of the broad reference to "a
duty under this article, the Health
Environmental Article, or the Health Occupations
Article."

For a discussion of constitutional issues related
to warrantless searches of private houses and
business premises and to the issuance of
administrative search warrants, see the General
Revisor's Note to this article.

Defined terms: "Person" § 1-101
"Secretary" § 1-101

(M) ENFORCEMENT.

THE SECRETARY SHALL CARRY OUT AND ENFORCE THE
PROVISIONS OF THIS ARTICLE, THE RULES AND REGULATIONS OF THE
DEPARTMENT, AND ANY OTHER PROVISIONS OF LAW THAT RELATE TO
THE SECRETARY OR THE DEPARTMENT.

REVISOR'S NOTE: This subsection is new language derived
without substantive change from former Article
43, § IFb. and the second sentence of d.

The Commission to Revise the Annotated Code
notes, for consideration by the General Assembly,
that although this subsection imposes a duty to