§ 3-906
398 words·~2 min read·
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§3–906.
(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:
(1)describe in detail the nature of the alleged violation;
(2)cite the provision of this subtitle or any regulation that the employer is alleged to have violated; and
(3)state the civil penalty, if any, that the Commissioner proposes to assess.
(c)Within a reasonable time after issuance of a citation, the Commissioner shall send by certified mail to the employer:
(1)a copy of the citation; and
(2)notice of the opportunity to request a hearing.
(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.
(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.
(2)The employer is entitled to a hearing within 90 days after a timely request is made under this subsection, unless the employer waives that right.
(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.
(j)Any party aggrieved by a final order of the Commissioner under subsection
(i)of this section may seek judicial review and appeal under §§ 10–222 and 10–223 of the State Government Article.