Maryland Code, PUBLIC UTILITIES 3-113
Terms Used In Maryland Code, PUBLIC UTILITIES 3-113
- 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.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- including: means includes or including by way of illustration and not by way of limitation. See
- 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.
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
- 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
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(1) be based on consideration of the record;
(2) be in writing;
(3) state the grounds for the conclusions of the Commission; and
(4) in the case of a complaint proceeding between two public service companies, be issued within 180 days after the close of the record.
(b) An order of the Commission shall take effect within a reasonable time that the Commission prescribes, and shall continue in force according to the terms of the order unless vacated, suspended, modified, or superseded by further order of the Commission or by a court of competent jurisdiction.
(c) (1) A person served with an order of the Commission shall promptly notify the Commission in writing of receipt of service.
(2) For notification by a corporation under paragraph (1) of this subsection, a person authorized to accept service for the corporation shall sign the notice.
(3) The Commission may require in an order that notice be provided to the Commission:
(i) within the time specified in the order;
(ii) in the same manner as notice provided in paragraph (1) of this subsection; and
(iii) describing if, and to what extent, the order is accepted and will be obeyed.
(d) (1) An order of a panel constituted under § 3-104(a) of this subtitle is final.
(2) (i) A proposed order of a commissioner or public utility law judge under § 3-104(d) of this subtitle becomes final unless a party to the proceeding notes an appeal with the Commission within the time period for appeal designated in the proposed order.
(ii) The time period for appeal designated in the proposed order is 30 days unless the order specifies a shorter period of at least 7 days.
(3) On appeal, the Commission promptly shall:
(i) consider the matter on the record before the commissioner or public utility law judge;
(ii) conduct any further proceedings that it considers necessary including requiring the filing of briefs and the holding of oral argument; and
(iii) issue a final order.
(e) Notwithstanding the Administrative Procedure Act, unless a provision of this article specifically requires the Commission to act through regulation, the Commission may implement any provision of this article by either order or regulation as the Commission deems necessary and proper.