Ch. 297                                    LAWS OF MARYLAND

directs the person served to abate the violation within a time
specified in the order.

(2)  The Secretary shall give any person served with
an order under this section an   opportunity for   a hearing before
the Secretary. The person served may be represented at the
hearing by counsel.

(3)  After a hearing under this section, the Secretary

may affirm, modify, or withdraw the order.

(4)  After the time specified in the order for abating
the violation, a person who is served with an order under this
section may not violate that order.

(f) (1) A person who refuses access to the Secretary or a
representative of the Secretary or who in any way interferes with
the exercise of the duties of the Secretary under this section is
guilty of a misdemeanor and on conviction is subject to a fine
not exceeding $500 for each offense.

(2) A person who violates subsection (e)(4) of this
section is guilty of a misdemeanor and on conviction is subject

                     (i) For a first offense, a fine not exceeding

$250;

(ii) For a second offense, a fine not exceeding
$500; or

(iii) For a third offense or an offense
subsequent to the third offense, a fine not exceeding $1,000 of
imprisonment not exceeding 1 year or both.

(g) A person who applies the maneuvers depicted in a
diagram posted under this section to remove food lodged in the
throat of another is liable only if the person's actions amount

to gross negligence.]

SECTION 2. AND BE IT FURTHER ENACTED, That on July 1, 1987,
if a local jurisdiction has established a fee schedule for a
local license, the fee schedule may constitute the fee schedule
cited in § 4-308(a) of the Health - Environmental Article as
enacted by this Act and shall remain in effect until altered or
reenacted as provided by law, ordinance, rule, or regulation of
the county or the Mayor and City Council of Baltimore City.

SECTION 3. AND BE IT FURTHER ENACTED, That the Department
of Health and Mental Hygiene shall establish by September 1,
1987, a 1-year program to:

- 1332 -