STATE STATUTES & CODES
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MARYLAND STATUTES AND CODES
Section 5-115 - Notice prohibiting use of apparatus.
§ 5.5-115. Notice prohibiting use of apparatus.
(a) "Apparatus" defined.- In this section, "apparatus" means any machinery, device, or equipment or any part of any machinery, device, or equipment.
(b) Notice.- The Commissioner or authorized representative of the Commissioner shall give written notice to a railroad company or the railroad company's agent in charge of the operation, if, after an inspection or investigation of the railroad, the Commissioner or authorized representative of the Commissioner determines that:
(1) an apparatus violates a health and safety standard adopted under this title; and
(2) there is a substantial probability that death or serious physical harm to an individual or damage to property could result from continued use of the apparatus.
(c) Posting; use of apparatus prohibited.-
(1) A copy of a notice under subsection (b) of this section:
(i) shall be attached to the apparatus; and
(ii) may not be removed until the apparatus is made safe and each required safeguard is provided.
(2) Except for use that is necessary to repair the apparatus and to provide any required safeguards, the apparatus may not be used while a notice under this section is posted on the apparatus.
(3) Only the Commissioner or authorized representative of the Commissioner may remove the notice.
(d) Judicial review.-
(1) Any 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) An action under this subsection shall be brought in the court of competent jurisdiction where the apparatus is located.
(3) In a proceeding under this subsection, a court may not stay an order of the Commissioner unless:
(i) the court gives the Commissioner notice and an opportunity for a hearing; and
(ii) the aggrieved person posts security.
(4) The court shall expedite the hearing of any action brought under this subsection.
[1998, ch. 8, § 3.]