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§ 5-215. Judicial review and enforcement

West's Annotated Code of MarylandLabor and Employment

West's Annotated Code of Maryland
Labor and Employment
Title 5. Occupational Safety and Health (Refs & Annos)
Subtitle 2. Administration and Enforcement (Refs & Annos)
MD Code, Labor and Employment, § 5-215
§ 5-215. Judicial review and enforcement
Currentness
Review allowed
(a)(1) A person adversely affected or aggrieved by any order that the Commissioner passes under this title or any regulation that the Commissioner adopts to carry out this title may file a complaint within 30 days after issuance of the order or regulation to have it modified or set aside.
(2) A complaint filed under this subsection shall be filed in the circuit court for:
(i) Baltimore City; or
(ii) the county where:
1. the employer has its principal office; or
2. the violation allegedly occurred.
(3) A copy of the complaint shall be served on the Commissioner and other affected parties.
Effect of filing
(b) In a proceeding under this section, a court may not stay an order or regulation of the Commissioner unless:
(1) the court gives the Commissioner notice and an opportunity for a hearing; and
(2) the aggrieved person posts security and meets each other condition that the court considers proper.
Scope of review
(c)(1) The court shall determine whether an order that the Commissioner passes under this title or regulation that the Commissioner adopts to carry out this title is in accordance with law.
(2) If a finding of the Commissioner on a question of fact is supported by substantial evidence, the finding is conclusive.
(3) A regulation that the Commissioner adopts to carry out this title:
(i) shall be deemed prima facie lawful and reasonable; and
(ii) may not be held invalid because of a technical defect if there is substantial compliance with this title.
Enforcement
(d)(1) At any appropriate time, the Commissioner may file a complaint to enforce any order that the Commissioner passes under this title or regulation that the Commissioner adopts to carry out this title.
(2) A complaint filed under this subsection shall be filed in the circuit court for the county where:
(i) the alleged violation occurred; or
(ii) the employer has its principal office.
(3) To the extent practicable, subsections (a), (b), and (c) of this section shall govern proceedings under this subsection.
Expeditious hearing
(e) A court shall hear a complaint under this section expeditiously.

Credits

Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991.
Formerly Art. 89, § 38.
MD Code, Labor and Employment, § 5-215, MD LABOR & EMPLY § 5-215
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document