2013 Maryland Code
PUBLIC SAFETY
§ 12-814 - Inspection discloses unsafe conditions

§12-814.

(a) When an inspection by a State inspector discloses that an elevator unit is in unsafe condition so that its continued operation will violate the Safety Code, or any other regulation adopted by the Commissioner under Part II of this subtitle, a citation may be issued and penalties may be assessed in accordance with §§ 12-814.2 and 12-814.3 of this subtitle.

(b) (1) When an inspection by a third-party qualified elevator inspector discloses that an elevator unit is in unsafe condition so that its continued operation will violate the Safety Code, or any other regulation adopted by the Commissioner under Part II of this subtitle, the third-party qualified elevator inspector shall notify the Commissioner immediately.

(2) On notification, the Commissioner shall conduct an inspection of the unsafe condition to determine whether to issue a citation and assess penalties in accordance with §§ 12-814.2 and 12-814.3 of this subtitle.

§ 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.

§ 12-814 - 2. Citations.

(a) In general. -- Subject to subsection (k) of this section, if, after an inspection or investigation, the Commissioner determines that, within the immediately preceding 6 months, an elevator unit is in violation of the Safety Code or another regulation adopted by the Commissioner under Part II of this subtitle, the Commissioner shall issue a citation to the owner.

(b) Form and contents of citation. -- Each citation under this section shall:

(1) be in writing;

(2) describe, with particularity, the nature of the alleged violation;

(3) reference the provision of the Safety Code or regulation that is alleged to be in violation; and

(4) set a reasonable period of time for abatement and correction of the alleged violation.

(c) Posting. -- An owner who is issued a citation shall post the citation or a copy of the citation conspicuously at or near the elevator unit alleged to be in violation.

(d) Notice to owner. -- Within a reasonable time after issuance of a citation, the Commissioner shall send by certified mail to the owner:

(1) notice of the violation with a copy of the citation and proposed penalty; and

(2) notice of the opportunity to request a hearing.

(e) Request for hearing. -- Within 15 days after an owner receives a notice under subsection (d) of this section, the owner may submit a written request for a hearing on the citation and proposed penalty.

(f) When citation becomes final order. -- If a hearing is not requested within 15 days, the citation, including any penalties, shall become a final order of the Commissioner.

(g) Hearings. -- If the owner requests a hearing, the Commissioner may delegate to the Office of Administrative Hearings the authority to hold a hearing and issue proposed findings of fact, conclusions of law, and an order in accordance with Title 10, Subtitle 2 of the State Government Article.

(h) Final order of administrative law judge. -- A decision of an administrative law judge issued in accordance with Title 10, Subtitle 2 of the State Government Article shall become a final order of the Commissioner unless, within 15 days after the issuance of the proposed decision:

(1) the Commissioner orders a review of the proposed decision; or

(2) an owner submits to the Commissioner a written request for a review of the proposed decision.

(i) Commissioner to issue order based on decision. -- After review of the proposed order under subsection (h) of this section, whether or not a hearing on the record is held, the Commissioner shall issue an order that, on the basis of findings of fact and conclusions of law, affirms, modifies, or vacates the proposed decision.

(j) Comissioner's order is final order. -- An order of the Commissioner under subsection (i) of this section is the final administrative order.

(k) Regulations. -- The Commissioner may establish, by regulation, procedures for the issuance of a warning notice instead of a citation for a de minimus violation that has no direct or immediate relationship to health or safety.

§ 12-814 - 3. Penalties.

(a) In general. -- If, after investigation, the Commissioner determines that an owner violated the Safety Code or a regulation adopted by the Commissioner under Part II of this subtitle, the Commissioner may assess and collect a civil penalty of up to $ 5,000 for each elevator unit in violation of the Safety Code or regulations.

(b) Amount of penalty. -- In determining the amount of the penalty, the Commissioner shall consider:

(1) the gravity of the violation;

(2) the owner's good faith; and

(3) the owner's history of violations under this subtitle.

(c) Double penalties. -- If, after investigation, the Commissioner determines that an owner willfully or repeatedly violated the Safety Code or a regulation adopted by the Commissioner under Part II of this subtitle, the Commissioner may assess and collect double the administrative penalties set forth in subsection (a) of this section.

(d) Continuing violations. -- If, after the issuance of a final order affirming a violation of the Safety Code or a regulation adopted by the Commissioner under Part II of this subtitle, an owner fails to correct the violation within 10 days, the Commissioner may impose a civil penalty, not exceeding $ 1,000 for each day a violation continues, against the owner.

(e) Payment of penalty into General Fund. -- Each civil penalty shall be paid into the General Fund of the State.