HARRY HUGHES, Governor

2193

DISSATISFIED WITH ANY ORDER, RULE, OR REGULATION OF THE
SECRETARY UNDER THIS SUBTITLE MAY COMMENCE, WITHIN 10 DAYS

AFTER THE SERVICE OF THE ORDER, RULE, OR REGULATION,__AN

ACTION IN THE CIRCUIT COURT FOR ANY COUNTY TO VACATE AND SET
ASIDE THE ORDER, RULE, OR REGULATION ON THE GROUND THAT THE
ORDER, RULE, OR REGULATION IS UNLAWFUL OR UNREASONABLE, OR
THAT THE ORDER IS NOT NECESSARY FOR THE PROTECTION OF THE
PUBLIC HEALTH OR COMFORT, IN WHICH ACTION A COPY OF THE
COMPLAINT SHALL BE SERVED WITH THE SUMMONS. THE ANSWER OF
THE SECRETARY SHALL BE FILED WITHIN 10 DAYS, WHEREUPON THE
CAUSE SHALL BE AT ISSUE, AND STAND READY FOR TRIAL UPON 15
DAYS' NOTICE TO EITHER PARTY. ANY ACTION UNDER THIS SECTION
SHALL HAVE PRECEDENCE OVER ANY CIVIL CAUSE OF A DIFFERENT
NATURE, EXCEPT APPEALS FROM AN ORDER OF THE PUBLIC SERVICE
COMMISSION, THE COURTS SHALL ALWAYS BE DEEMED OPEN FOR TRIAL
OF AN ACTION UNDER THIS SECTION AND ANY ACTION UNDER THIS
SECTION SHALL BE TRIED AND DETERMINED AS OTHER CIVIL
ACTIONS. EITHER PARTY TO AN ACTION UNDER THIS SECTION MAY
APPEAL TO THE COURT OF SPECIAL APPEALS.

REVISOR'S NOTE: This section formerly appeared as
Article 43, § 404.

The only changes are in style.

9-225. CIVIL PENALTY.

(A)  CIVIL PENALTY.

IF ANY COUNTY, MUNICIPALITY, WATER, SEWERAGE OR
SANITARY DISTRICT, CORPORATION, COMPANY, INSTITUTION,
PERSON, OR OFFICER OF A CORPORATION, COMPANY OR INSTITUTION
UPON WHOM THE DUTY TO ACT IS CAST FAILS TO COMPLY WITH ANY
ORDER OF THE SECRETARY BY THE TIME SPECIFIED FOR COMPLIANCE
WITH THE ORDER, OR, IN CASE OF AN APPEAL, MORE THAN 10 DAYS
AFTER FINAL JUDGMENT AFFIRMING THE SECRETARY'S ORDER IS
ENTERED, TO OBEY THE ORDER OR IN GOOD FAITH TO BEGIN TO OBEY
THE ORDER, THE COUNTY, MUNICIPALITY, DISTRICT, CORPORATION,
COMPANY, INSTITUTION, PERSON OR OFFICER SHALL BE LIABLE FOR
AND FORFEIT TO THIS STATE A CIVIL PENALTY OF NOT. LESS THAN
$10 NOR MORE THAN $500, PLUS AN EXTRA PENALTY OF NOT LESS
THAN $5 NOR MORE THAN $50 PER DAY FOR EACH DAY BEYOND THE
TIME LIMIT THAT THE ORDER IS NOT COMPLIED WITH, TO BE
RECOVERED BY THE STATE IN CIVIL ACTION.

(B)  DISPOSITION OF FUNDS.

ALL FUNDS COLLECTED UNDER THIS SECTION SHALL BE PAID
INTO THE GENERAL FUND OF THIS STATE.

REVISOR'S NOTE: This section formerly appeared as
Article 43, § 405.

The only changes are in style.