§ 3-906. Citation

   (a) Issuance. -- 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) Contents. -- 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) Mailing to employer. -- 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) Written request for hearing. -- 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) Citation becomes final order if hearing not requested within time period. -- If a hearing is not requested within 15 days, the citation, including any penalties, shall become a final order of the Commissioner.

(f) Delegation of authority to hold hearing; time of hearing. --

   (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) Copies of all relevant evidence. -- Within 15 days after a request, in accordance with Title 10, Subtitle 6 of the State Government 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) Burden of proof. -- The Commissioner has the burden of proof to show that an employer has knowingly failed to properly classify an individual as an employee.

(i) Final order. -- 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) Judicial review. -- 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.

HISTORY: 2009, ch. 188; 2012, chs. 206, 207.