Section 5-104 - Powers of Commissioner. - Maryland Statutes

§ 9.5-104. Powers of Commissioner.
 

(a)  In general.- In addition to the powers conferred under this title, the Commissioner may use all powers conferred by law to the Commissioner to implement and enforce the provisions of this title. 

(b) (1)  Investigations.- (1) The Commissioner or an agent of the Commissioner who has reason to believe that a person is or has been operating a crane in the State without a valid Certificate of Competence shall require the crane operator to provide proof that the crane operator holds a Certificate of Competence. 

(2) If a crane operator fails to provide proof of a valid Certificate of Competence under paragraph (1) of this subsection, the Commissioner or the agent of the Commissioner shall issue a written notice to the person that: 

(i) states that there has been a violation of this title, or regulations adopted under it, if any; and 

(ii) requires the operation of the crane to cease unless operated by a person holding a valid Certificate of Competence. 

(3) If a person fails to comply with a written notice issued under paragraph (2) of this subsection, the Commissioner may bring an action to enforce the written notice in the county where the crane being operated is located or in the Circuit Court of Baltimore City. 

(c) (1)  Appeal of decision of Commissioner.- (1) A person aggrieved by a decision of the Commissioner under this section may appeal to a court of competent jurisdiction in accordance with the Maryland Rules. 

(2) A decision of the Commissioner may not be stayed by the filing of an appeal under this subsection. 
 

[2009, ch. 640.]