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<section article="gle" article_name="Labor and Employment" number="3-906" title_number="3" title_name="Employment Standards and Conditions" subtitle_number="9" subtitle_name="Workplace Fraud">
  <level label="a">
    <text>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.</text>
  </level>
  <level label="b">
    <text>Each citation shall:</text>
    <level label="1">
      <text>describe in detail the nature of the alleged violation;</text>
    </level>
    <level label="2">
      <text>cite the provision of this subtitle or any regulation that the employer is alleged to have violated; and</text>
    </level>
    <level label="3">
      <text>state the civil penalty, if any, that the Commissioner proposes to assess.</text>
    </level>
  </level>
  <level label="c">
    <text>Within a reasonable time after issuance of a citation, the Commissioner shall send by certified mail to the employer:</text>
    <level label="1">
      <text>a copy of the citation; and</text>
    </level>
    <level label="2">
      <text>notice of the opportunity to request a hearing.</text>
    </level>
  </level>
  <level label="d">
    <text>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.</text>
  </level>
  <level label="e">
    <text>If a hearing is not requested within 15 days, the citation, including any penalties, shall become a final order of the Commissioner.</text>
  </level>
  <level label="f">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
  <level label="g">
    <text>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.</text>
  </level>
  <level label="h">
    <text>The Commissioner has the burden of proof to show that an employer has knowingly failed to properly classify an individual as an employee.</text>
  </level>
  <level label="i">
    <text>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.</text>
  </level>
  <level label="j">
    <text>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.</text>
  </level>
</section>
