Maryland Code, LABOR AND EMPLOYMENT 5.5-119
Terms Used In Maryland Code, LABOR AND EMPLOYMENT 5.5-119
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
(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.
(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.
(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 Act and the Maryland Rules.
(e) A court expeditiously shall hear a complaint under this section.