- A. If an inspection discloses that an employer has failed to correct a cited violation within the period permitted for its correction, the Commissioner or the Commissioner's authorized representative shall notify the employer by certified mail, or by personal service by an inspector, of this failure and the additional penalty proposed under §§5-213(d) and 5-809(d) of the Act for the failure.
- B. An employer receiving a notification of failure to correct a violation and proposed additional penalty may notify in writing, in accordance with §5-213(d) of the Act, the Commissioner or the Commissioner's authorized representative that the employer intends to contest the alleged failure to correct the violation, and proposed additional penalty, or both.
- C. The notice of contest shall be postmarked within 15 work days of the receipt by the employer of the notification of failure to correct a violation and proposed additional penalty.
- D. A notification of failure to correct a violation and proposed additional penalty shall state that it is a final order, unless a notice of contest in accordance with this regulation is filed.
Authority: Labor and Employment Article, §§2-106(b)(4), 5-212, 5-213, 5-312, and 5-702, Annotated Code of Maryland
Effective date: July 5, 1993 (20:13 Md. R. 1047)
Regulation .03H adopted effective October 23, 2006 (33:21 Md. R. 1675)
Regulation .05D adopted effective July 17, 2006 (33:14 Md. R. 1163)
Regulation .07 amended effective February 25, 2008 (35:4 Md. R. 513)
Regulation .08 amended effective October 23, 1995 (22:21 Md. R. 1615)
Regulation .15A, E amended effective April 16, 2012 (39:7 Md. R. 490)
Regulation .19 amended effective October 23, 1995 (22:21 Md. R. 1615)
Regulation .19 repealed as an emergency provision effective February 12, 2002 (29:5 Md. R. 499); repealed permanently effective May 13, 2002 (29:9 Md. R. 744)
Regulation .21 adopted effective October 20, 1997 (24:21 Md. R. 1448)