ROBERT L. EHRLICH, JR., Governor                                 Ch. 5

(II)     THE REASON FOR THE PROHIBITION FROM USE;

(III)   THE PENALTIES OF THIS SUBTITLE; AND

(IV)    IF APPROPRIATE, A RECOMMENDATION ON HOW TO CORRECT
THE VIOLATION.

(C)     POSTING OF NOTICE; REMOVAL.

A COPY OF THE NOTICE UNDER SUBSECTION (B) OF THIS SECTION:

(1)      SHALL BE ATTACHED TO THE BOILER OR PRESSURE VESSEL; AND

(2)      MAY NOT BE REMOVED BY ANY PERSON EXCEPT THE CHIEF BOILER
INSPECTOR OR AN AUTHORIZED DEPUTY BOILER INSPECTOR UNTIL THE CHIEF
BOILER INSPECTOR OR AN AUTHORIZED DEPUTY BOILER INSPECTOR DETERMINES
THAT:

(I)      EACH VIOLATION DESCRIBED IN THE NOTICE HAS BEEN
CORRECTED; AND

(II)     THE THREAT OF DEATH, SERIOUS PHYSICAL HARM, OR
SERIOUS DAMAGE TO PROPERTY RESULTING FROM THE VIOLATION HAS BEEN
ELIMINATED.

(D)     USE PROHIBITED WHILE NOTICE POSTED.

USE OF A BOILER OR PRESSURE VESSEL IS PROHIBITED WHILE A NOTICE
UNDER SUBSECTION (B) OF THIS SECTION IS POSTED ON THE BOILER OR PRESSURE
VESSEL.

(E)     CIVIL PENALTY.

IF THE OWNER OR USER OF A BOILER OR PRESSURE VESSEL CONTINUES TO
USE A BOILER OR PRESSURE VESSEL AFTER NOTICE IS ISSUED UNDER SUBSECTION
(B) OF THIS SECTION, THE COMMISSIONER MAY ASSESS A CIVIL PENALTY AGAINST
THE OWNER OR USER NOT EXCEEDING $1,000 PER DAY FOR EACH BOILER OR
PRESSURE VESSEL IN VIOLATION.

(F)     ACTION TO MODIFY OR VACATE DECISION.

(1)      AN OWNER OR USER WHO IS AGGRIEVED BY A DECISION OF THE
COMMISSIONER, THE CHIEF BOILER INSPECTOR, OR AN AUTHORIZED DEPUTY
BOILER INSPECTOR UNDER THIS SECTION MAY BRING AN ACTION TO MODIFY OR
VACATE THE DECISION ON THE GROUND THAT IT IS UNLAWFUL.

(2)      AN ACTION UNDER THIS SUBSECTION MAY BE BROUGHT IN THE
CIRCUIT COURT FOR BALTIMORE CITY OR IN THE CIRCUIT COURT FOR THE COUNTY
WHERE THE BOILER OR PRESSURE VESSEL IS LOCATED.

(3)      IN A PROCEEDING UNDER THIS SUBSECTION, A COURT MAY NOT
STAY A DECISION OF THE COMMISSIONER, THE CHIEF BOILER INSPECTOR, OR AN
AUTHORIZED DEPUTY BOILER INSPECTOR UNLESS:

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