Section 3-906 - Citation.
§ 3-906. Citation.
(a) Issuance.- If, after investigation, the Commissioner determines that an employer has violated this subtitle or a regulation adopted under this subtitle, the Commissioner shall promptly issue a citation to the employer.
(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.- 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.
(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.
[2009, ch. 188.]