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655
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HARRY HUGHES, Governor
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CHAPTER 115
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(Senate Bill 269)
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AN ACT concerning
Controlled Hazardous Substances - Inspections
FOR the purpose of authorizing a judge of the District Court or
circuit court to issue an administrative search warrant
under certain circumstances and for certain activities so as
to enable the Department of Health and Mental Hygiene to
conduct inspections to determine compliance with certain
laws, rules, or regulations related to controlled hazardous
substances; specifying that certain information be contained
in an application for an administrative search warrant;
providing for the execution and return of the warrant within
a certain period of time; and requiring confidentiality of
information obtained pursuant to an administrative search
warrant except to the extent utilized in an administrative
or judicial proceeding; and generally relating to
administrative search warrants for conducting inspections
under the controlled hazardous substances laws.
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BY adding to
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Article - Health - Environmental
Section 7-256.1
Annotated Code of Maryland
(1982 Volume)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
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Article - Health - Environmental
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7-256.1.
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(A) AN AUTHORIZED OFFICIAL OR EMPLOYEE OF THE DEPARTMENT
MAY APPLY TO A JUDGE OF THE DISTRICT COURT OR A CIRCUIT COURT FOR
AN ADMINISTRATIVE SEARCH WARRANT TO ENTER ANY FACTORY, WAREHOUSE,
VEHICLE, BUILDING, ESTABLISHMENT, OR OTHER PREMISES TO CONDUCT
ANY INSPECTION REQUIRED OR AUTHORIZED BY LAW TO DETERMINE
COMPLIANCE WITH THE PROVISIONS OF THIS SUBTITLE RELATING TO
CONTROLLED HAZARDOUS SUBSTANCES.
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(B) (1) THE APPLICATION SHALL BE IN WRITING AND SIGNED AND
SWORN TO BY THE APPLICANT AND SHALL PARTICULARLY DESCRIBE THE
PLACE, STRUCTURE, PREMISES, VEHICLE, OR RECORDS TO BE INSPECTED
AND THE NATURE, SCOPE, AND PURPOSE OF THE INSPECTION TO BE
PERFORMED BY THE APPLICANT.
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