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2017 Maryland Code
Labor and Employment
Title 5 - Occupational Safety and Health
Subtitle 2 - Administration and Enforcement
§ 5-213. Enforcement of citation
Universal Citation: MD Lab & Emp Code § 5-213 (2017)
- (a) Notice of proposed penalty. -- Within a reasonable time after issuance of a citation under ยง 5-212 of this subtitle to an employer, the Commissioner shall send by certified mail to the employer a notice that:
- (1) states the civil penalty, if any, that the Commissioner proposes to assess under this title; and
- (2) informs the employer that, within 15 work days after receipt of the notice, the employer may submit to the Commissioner a written notice of contest on the citation or civil penalty.
- (b) Notice as final order. -- A citation and any penalty that the Commissioner proposes to assess shall be considered a final order of the Commissioner unless:
- (1) within 15 work days after receipt of a notice under subsection (a) of this section the employer notifies the Commissioner of an intent to contest the citation or any penalty; or
- (2) within 15 work days after issuance of a citation, an employee or representative of an employee submits a written notice to the Commissioner that alleges that the period of time set in the citation for abatement of the violation is unreasonable.
- (c) Period for correction of violation. --
- (1) An employer shall correct each violation for which the Commissioner issues a citation within the period set for correction in a final order under this subtitle.
- (2) If the request of an employer for a hearing is made in good faith and not solely to delay or avoid payment of a penalty, the period for correction begins on the day when the order passed as a result of the hearing becomes final.
- (d) Notice of failure to correct. -- If the Commissioner has reason to believe that an employer has failed to correct a violation within the time allowed, the Commissioner shall send by certified mail to the employer a notice that:
- (1) states that the employer has failed to correct the violation;
- (2) states the civil penalty, if any, that the Commissioner intends to assess under this title for the failure; and
- (3) informs the employer that, within 15 work days after receipt of the notice, the employer may submit to the Commissioner a notice of contest on the notice or civil penalty.
- (e) Notice as final order. -- Unless an employer notifies the Commissioner of an intent to contest as provided in subsection (b) of this section, the notice, including any civil penalty, is a final order.
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