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§ 5.5-119. Judicial review and enforcement

West's Annotated Code of MarylandLabor and Employment

West's Annotated Code of Maryland
Labor and Employment
Title 5.5. Railroad Safety and Health (Refs & Annos)
MD Code, Labor and Employment, § 5.5-119
§ 5.5-119. Judicial review and enforcement
Currentness
Review allowed
(a) A person adversely affected or aggrieved by any order that the Commissioner passes under this title or any regulation or health and safety standard that the Commissioner adopts to carry out this title may appeal to a court of competent jurisdiction in accordance with the Maryland Rules.
Effect of filing
(b) In a proceeding under this section, a court may not stay an order, regulation, or health and safety standard 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) A regulation or health and safety standard that the Commissioner adopts to carry out this title 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 or health and safety standard that the Commissioner adopts to carry out this title.
(2) A complaint filed under this subsection shall be filed in a court of competent jurisdiction in accordance with the Maryland Administrative Procedure Act1 and the Maryland Rules.
Expeditious hearing
(e) A court expeditiously shall hear a complaint under this section.

Credits

Added by Acts 1998, c. 8, § 3, eff. Oct. 1, 1998.

Footnotes

1
State Government § 10-101 et seq.
MD Code, Labor and Employment, § 5.5-119, MD LABOR & EMPLY § 5.5-119
Current through legislation effective through May 8, 2023, from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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