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Ch. 377
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2000 LAWS OF MARYLAND
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CHAPTER 377
(House Bill 439)
AN ACT concerning
Circuit Courts - Civil Enforcement of Administrative Orders
FOR the purpose of authorizing parties to seek civil enforcement of administrative
orders in the circuit courts under certain circumstances; providing for certain
venue, procedures, forms of relief, and defenses and forms of relief in an action
for civil enforcement of certain administrative orders; providing for the
application of this Act; and generally relating to authorizing actions in the
circuit courts for civil enforcement of administrative orders under certain
circumstances.
BY adding to
Article - State Government
Section 10-222.1
Annotated Code of Maryland
(1999 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - State Government
10-222.1.
(A) A PARTY TO A CONTESTED CASE MAY TIMELY SEEK CIVIL ENFORCEMENT
OF AN ADMINISTRATIVE ORDER BY FILING A PETITION FOR CIVIL ENFORCEMENT IN
AN APPROPRIATE CIRCUIT COURT.
(B) UNLESS OTHERWISE REQUIRED BY STATUTE, A PARTY SHALL FILE A
PETITION FOR CIVIL ENFORCEMENT OF AN ADMINISTRATIVE ORDER IN THE CIRCUIT
COURT FOR THE COUNTY WHERE ANY PARTY RESIDES OR HAS A PRINCIPAL PLACE
OF BUSINESS.
(C) IN AN ACTION SEEKING CIVIL ENFORCEMENT OF AN ADMINISTRATIVE
ORDER A PARTY SHALL NAME, AS A DEFENDANT, EACH ALLEGED VIOLATOR AGAINST
WHOM THE PARTY SEEKS TO OBTAIN CIVIL ENFORCEMENT.
(D) A PARTY MAY NOT FILE AN ACTION FOR CIVIL ENFORCEMENT OF AN
ADMINISTRATIVE ORDER:
(1) UNTIL AT LEAST 60 DAYS AFTER THE ISSUANCE OF THE
ADMINISTRATIVE ORDER; OR
(2) IF A PETITION FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE
ORDER HAS BEEN FILED AND IS PENDING IN A COURT.
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