1. A. Issuance.

   1. (1) If, after investigation, the Secretary, or the Secretary’s designee, believes an employer has violated Labor and Employment Article, §11-305, Annotated Code of Maryland, or a regulation adopted pursuant to this Act, the Secretary shall, with reasonable promptness, issue an order compelling compliance.

   2. (2) An order shall:

      1. (a) Be in writing;
      2. (b) Describe with specificity the nature of the alleged violation;
      3. (c) State the penalty, if any, that the Secretary proposes to assess under Labor and Employment Article, §11-306, Annotated Code of Maryland; and
      4. (d) Inform a party of the requirements of §B(2) of this regulation.

2. B. Enforcement.

   1. (1) A party to whom an order is issued may file with the Secretary, or the Secretary’s designee, a written notice of contest to the proposed penalty.

   2. (2) Notice shall be:

      1. (a) In writing; and
      2. (b) Postmarked within 15 business days of the date of the order.
   3. (3) If a party does not file proper notice of contest, any proposed penalty becomes final upon the expiration of 15 business days following the party's receipt of the order.
   4. (4) If a party files a notice of contest in accordance with this regulation, the Secretary, or the Secretary’s designee, shall delegate the hearing to the Office of Administrative Hearings.
   5. (5) A contested hearing shall be governed by COMAR 09.01.03.

Authority: Labor and Employment Article, §§11-301—11-306, State Government Article, §10-206, Annotated Code of Maryland

Effective date: May 19, 1986 (13:10 Md. R. 1158)

Chapter recodified from COMAR 24.03.03 to COMAR 24.03.02

Chapter recodified from COMAR 24.03.02 to COMAR 09.33.02, May 1996

Chapter revised effective October 13, 2025 (52:20 Md. R. 1000)