Section 12-814.1 - Prohibition against use of unsafe elevator.
§ 12-814.1. Prohibition against use of unsafe elevator.
(a) In general.- The Commissioner may prohibit use of an elevator unit after determining, based on an inspection, that:
(1) the elevator unit violates § 12-806 of this subtitle; or
(2) there is a substantial probability that death or serious physical harm could result from continued use of the elevator unit.
(b) Written notice.- The Commissioner shall issue a written notice prohibiting use of the elevator unit to the contractor, owner, lessee, or agent in charge of the elevator unit.
(c) Posting copy of notice to elevator unit.- A copy of the notice:
(1) shall be attached to the elevator unit; and
(2) may not be removed until a State inspector determines that the elevator unit complies with this subtitle.
(d) Use prohibited while notice posted.- Use of the elevator unit is prohibited while a notice is posted on the elevator unit.
(e) Action to modify or vacate decision.- A person aggrieved by the decision to prohibit use of an elevator unit may bring an action to modify or vacate the decision on the ground that it is unlawful or unreasonable.
(f) Venue.- An action under this section shall be brought in the circuit court for the county where the elevator unit is located.
(g) Proceedings.- In a proceeding under this section, a court may not stay an order of the Commissioner unless:
(1) the court gives the Commissioner notice and an opportunity for a hearing; and
(2) the aggrieved person posts security or meets any other condition that the court considers proper.
[2006, ch. 39; 2009, ch. 145.]