Maryland Code, PUBLIC UTILITIES 2-117
Terms Used In Maryland Code, PUBLIC UTILITIES 2-117
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- County: means a county of the State or Baltimore City. See
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
(2) The court:
(i) shall allow a period not exceeding 20 days for the defendant to show cause why the relief sought should not be granted;
(ii) after the period, shall inquire immediately into the merits of the case, without other or formal pleadings and without respect to any technical requirement;
(iii) may join as parties any persons as is necessary or proper to make a judgment or process effective; and
(iv) shall issue a final order that grants appropriate relief.
(b) (1) The Commission shall notify an offender to appear and answer charges on complaint filed by a carrier or on discovery of a violation or infringement by the Commission’s own investigation that:
(i) the offender is or has been infringing on or violating a permit granted to the carrier by the Commission;
(ii) the offender, without a permit, is exercising or using a right granted in a permit;
(iii) a right granted in a permit is being subjected to unrestricted or unregulated competition; or
(iv) the offender, without a permit, is serving, wholly or partly, directly or indirectly, a route set forth in a granted permit.
(2) The notice shall be sent to or served on the offender as provided by § 3-103 of this article.
(3) If the Commission finds that the offender is violating or infringing, or has violated or infringed on the rights of a carrier, the Commission shall order the offender to stop the operations that led to the violation or infringement.
(4) If the offender does not obey the order of the Commission, the Commission shall notify the offender to show cause within 10 days after the notice is mailed or served why the registration certificate for each vehicle involved in the operations should not be suspended or revoked.
(5) If cause is not shown or if, after hearing, the Commission finds that cause is not shown, the Commission shall certify to the Motor Vehicle Administration:
(i) that the registration certificate of each vehicle involved in the operations shall be suspended or revoked;
(ii) the condition of the suspension or revocation; and
(iii) if possible, the license number of each vehicle for which the certificate of registration is to be suspended or revoked.
(6) On receipt of the certification, the Motor Vehicle Administration automatically shall suspend or revoke each certificate of registration in accordance with the conditions contained in the certification.
(7) The action of the Motor Vehicle Administration may not be appealed but judicial review of an order or certification of the Commission may be sought as provided in Title 3, Subtitle 2 of this article.