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PARRIS N. GLENDENING, Governor
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Ch. 26
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(2) ON PRESENTING THE WARRANT AND APPROPRIATE CREDENTIALS
TO THE OWNER, OPERATOR, OR AGENT IN CHARGE.
(D) INSPECTION RIGHTS.
WHEN AUTHORIZED BY AN ADMINISTRATIVE INSPECTION WARRANT, AN
OFFICER OR EMPLOYEE DESIGNATED BY THE DEPARTMENT MAY:
(1) INSPECT AND COPY RECORDS THAT MUST BE KEPT UNDER THIS
TITLE;
(2) INSPECT, WITHIN REASONABLE LIMITS AND IN A REASONABLE
MANNER:
(I) CONTROLLED PREMISES AND ALL PERTINENT EQUIPMENT,
FINISHED AND UNFINISHED MATERIAL, CONTAINERS, AND LABELING IN THE
CONTROLLED PREMISES;
(II) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION,
ALL OTHER THINGS IN THE CONTROLLED PREMISES, INCLUDING RECORDS, FILES,
PAPERS, PROCESSES, CONTROLS, AND FACILITIES, BEARING ON VIOLATION OF THIS
TITLE; AND
(3) INVENTORY STOCK AND OBTAIN SAMPLES OF A CONTROLLED
DANGEROUS SUBSTANCE IN THE CONTROLLED PREMISES.
(E) WARRANTLESS INSPECTIONS.
WITHOUT A WARRANT, THE DEPARTMENT MAY INSPECT BOOKS AND RECORDS
IN ACCORDANCE WITH THIS TITLE AND ENTER AND CONDUCT ADMINISTRATIVE
INSPECTIONS, INCLUDING SEIZURES OF PROPERTY:
(1) WITH THE CONSENT OF THE OWNER, OPERATOR, OR AGENT IN
CHARGE OF THE CONTROLLED PREMISES;
(2) IN A SITUATION THAT PRESENTS IMMINENT DANGER TO HEALTH OR
SAFETY;
(3) IN A SITUATION THAT INVOLVES INSPECTION OF CONVEYANCES
WHERE THERE IS REASONABLE CAUSE TO BELIEVE THAT THE MOBILITY OF THE
CONVEYANCE MAKES IT IMPRACTICABLE TO OBTAIN A WARRANT;
(4) IN ANY OTHER EXCEPTIONAL OR EMERGENCY SITUATION IN WHICH
TIME OR OPPORTUNITY TO APPLY FOR A WARRANT IS LACKING; AND
(5) IN ALL OTHER SITUATIONS WHERE A WARRANT IS NOT LEGALLY
REQUIRED.
(F) DATA NOT AVAILABLE FOR INSPECTION.
UNLESS THE OWNER, OPERATOR, OR AGENT IN CHARGE OF THE CONTROLLED
PREMISES CONSENTS IN WRITING, AN INSPECTION AUTHORIZED UNDER THIS
SECTION MAY NOT EXTEND TO:
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- 477 -
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