§ 5-213. Enforcement of citation

   (a) Notice of proposed penalty. -- Within a reasonable time after issuance of a citation under § 5-212 of this subtitle to an employer, the Commissioner shall send by certified mail to the employer a notice that:

   (1) states the civil penalty, if any, that the Commissioner proposes to assess under this title; and

   (2) informs the employer that, within 15 work days after receipt of the notice, the employer may submit to the Commissioner a written notice of contest on the citation or civil penalty.

(b) Notice as final order. -- A citation and any penalty that the Commissioner proposes to assess shall be considered a final order of the Commissioner unless:

   (1) within 15 work days after receipt of a notice under subsection (a) of this section the employer notifies the Commissioner of an intent to contest the citation or any penalty; or

   (2) within 15 work days after issuance of a citation, an employee or representative of an employee submits a written notice to the Commissioner that alleges that the period of time set in the citation for abatement of the violation is unreasonable.

(c) Period for correction of violation. --

   (1) An employer shall correct each violation for which the Commissioner issues a citation within the period set for correction in a final order under this subtitle.

   (2) If the request of an employer for a hearing is made in good faith and not solely to delay or avoid payment of a penalty, the period for correction begins on the day when the order passed as a result of the hearing becomes final.

(d) Notice of failure to correct. -- If the Commissioner has reason to believe that an employer has failed to correct a violation within the time allowed, the Commissioner shall send by certified mail to the employer a notice that:

   (1) states that the employer has failed to correct the violation;

   (2) states the civil penalty, if any, that the Commissioner intends to assess under this title for the failure; and

   (3) informs the employer that, within 15 work days after receipt of the notice, the employer may submit to the Commissioner a notice of contest on the notice or civil penalty.

(e) Notice as final order. -- Unless an employer notifies the Commissioner of an intent to contest as provided in subsection (b) of this section, the notice, including any civil penalty, is a final order.

HISTORY: An. Code 1957, art. 89, § 37, 40; 1991, ch. 8, § 2.