Regulation .08 Order Compelling Compliance.
Regulation .08 Order Compelling Compliance.LinkCopy Citation
A.
Issuance.
(1)
If, after investigation, the Secretary, or the Secretary’s designee, believes an employer has violated Labor and Employment Article, §11-305, Annotated Code of Maryland, or a regulation adopted pursuant to this Act, the Secretary shall, with reasonable promptness, issue an order compelling compliance.
(2)
An order shall:
(a)
Be in writing;
(b)
Describe with specificity the nature of the alleged violation;
(c)
State the penalty, if any, that the Secretary proposes to assess under Labor and Employment Article, §11-306, Annotated Code of Maryland; and
(d)
Inform a party of the requirements of §B(2) of this regulation.
B.
Enforcement.
(1)
A party to whom an order is issued may file with the Secretary, or the Secretary’s designee, a written notice of contest to the proposed penalty.
(2)
Notice shall be:
(a)
In writing; and
(b)
Postmarked within 15 business days of the date of the order.
(3)
If a party does not file proper notice of contest, any proposed penalty becomes final upon the expiration of 15 business days following the party's receipt of the order.
(4)
If a party files a notice of contest in accordance with this regulation, the Secretary, or the Secretary’s designee, shall delegate the hearing to the Office of Administrative Hearings.
(5)
A contested hearing shall be governed by COMAR 09.01.03.