§ 3-906. Citations; contents, notice and hearing
West's Annotated Code of MarylandLabor and EmploymentEffective: October 1, 2014
Effective: October 1, 2014
MD Code, Labor and Employment, § 3-906
§ 3-906. Citations; contents, notice and hearing
(a) After the employer has provided all the records requested under § 3-905(d) of this subtitle, the Commissioner shall issue a citation to the employer or close the investigation within 90 days.
(b) Each citation shall:
(c) Within a reasonable time after issuance of a citation, the Commissioner shall send by certified mail to the employer:
(d) Within 15 days after an employer receives a notice under subsection (c) of this section, the employer may submit a written request for a hearing on the citation and proposed penalty.
(e) If a hearing is not requested within 15 days, the citation, including any penalties, shall become a final order of the Commissioner.
(f)(1) If the employer requests a hearing, the Commissioner shall delegate to the Office of Administrative Hearings the authority to hold a hearing and issue findings of fact, conclusions of law, and an order, and assess a penalty under § 3-909 of this subtitle in accordance with Title 10, Subtitle 2 of the State Government Article.
(g) Within 15 days after a request, in accordance with Title 4 of the General Provisions Article and the applicable regulations of the Department and the Office of Administrative Hearings, the Commissioner shall provide copies of all relevant evidence, including a list of potential witnesses, on which the Commissioner intends to rely at any administrative hearing under this subtitle.
(h) The Commissioner has the burden of proof to show that an employer has knowingly failed to properly classify an individual as an employee.
(i) 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.
Credits
Added by Acts 2009, c. 188, § 1, eff. Oct. 1, 2009. Amended by Acts 2012, c. 206, § 1, eff. July 1, 2012; Acts 2012, c. 207, § 1, eff. July 1, 2012; Acts 2014, c. 104, § 2, eff. Oct. 1, 2014.
MD Code, Labor and Employment, § 3-906, MD LABOR & EMPLY § 3-906
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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