4492

LAWS OF MARYLAND

Ch. 820

notwithstanding the provisions of subsection (i) hereof,
provided the Commissioner shall publish or otherwise
circulate notice of his action in adopting such rules,
regulations and standards by reference, complies with
subsections (j) and (k) hereof, and files copies thereof
with the clerk of the Court of Appeals, with the Secretary
of State, with the State Library, with each of the libraries
of the respective circuit courts of the several counties,
[with the Supreme Bench of Baltimore City,] with the State
Department of Legislative Reference, and with the General
Assembly of Maryland.

38.

(a)  Any person adversely affected or aggrieved by any
rule, regulation, standard or order of the Commissioner
issued under this subtitle may obtain a review thereof in
any circuit [or equity] court of the political subdivision
in which (1) the violation is alleged to have occurred or
(2) where the employer has its principal office or (3) in
the CIRCUIT COURT FOR Baltimore City [Court], as the case
may be, by filing in such court within thirty days following
the issuance of such rule, regulation, standard or order, a
written petition praying that the rule, regulation, standard
or order be modified or set aside. A copy of such petition
shall be served on the Commissioner and other affected
parties thereto. The findings of the Commissioner with
respect to questions of fact, as supported by substantial
evidence, shall be conclusive. The court shall determine
whether the rule, regulation, standard or order is in
accordance with law. The commencement of proceedings under
this subsection shall not operate as a stay of any rule,
regulation, standard or order issued by the Commissioner
under the provisions of this subtitle, except that the
court, after notice to the Commissioner and hearing, may
grant a stay upon such condition or such security or bond as
may, in its discretion, seem proper.

39.

(d) If the Commissioner arbitrarily or capriciously
fails to seek relief under this section, any employee who
may be injured by reason of such failure or the
representative of' such employees, may bring an action
against the Commissioner in the circuit court for the
subdivision in which the imminent danger is alleged to exist
[or if the danger is alleged to exist in Baltimore City, in
the Baltimore City Court,] for a writ of mandamus to compel
the Commissioner to seek such an order and for such further
relief as may be appropriate.

43.

(b)  Any employee who believes that he has been
discharged or otherwise discriminated against by any person