Code of Maryland Regulations
Title 09 - MARYLAND DEPARTMENT OF LABOR
Subtitle 12 - DIVISION OF LABOR AND INDUSTRY
Chapter 09.12.01 - Board of Boiler Rules
09.12.01.35 - Citations

Universal Citation: MD Code Reg 09.12.01.35

09.12.01.35. Citations

A. If, after an inspection or investigation, the Commissioner finds that, within the immediately preceding 6 months, a person has violated Public Safety Article, Title 12, Subtitle 9, Annotated Code of Maryland, or a regulation or order issued to carry out this law, the Commissioner shall issue a citation to the person.

B. Each citation shall:

(1) Be in writing;

(2) Describe, in detail, the nature of the alleged violation;

(3) Cite the provision or provisions of Public Safety Article, Title 12, Subtitle 9, Annotated Code of Maryland, regulation, or order that the person is alleged to have violated;

(4) Set a reasonable time for correction of the alleged violation;

(5) State the proposed civil penalty, if any, that the Commissioner intends to impose; and

(6) Inform the person of the right to a hearing under § E of this regulation.

C. The Commissioner shall serve the citation on each named person by:

(1) Certified mail, return receipt requested; or

(2) Personal delivery, if the person serving the document certifies to the manner and date of service.

D. A person who receives a citation shall:

(1) Upon receipt of the citation, post the citation, or an unedited copy, conspicuously at or near each place where the citation alleges that a violation occurred;

(2) Post the citation, or an unedited copy, conspicuously at its place of business where:

(a) Notices to employees are usually posted; and

(b) Notices to the public are usually posted;

(3) Ensure that the posted citation is not:

(a) Removed;

(b) Altered;

(c) Defaced; or

(d) Covered; and

(4) Ensure that the citation remains posted for the later of:

(a) The time the violation described in the citation is corrected; or

(b) 3 workdays.

E. Within 15 workdays after a person receives notice of a citation under § C of this regulation, the person may submit to the Commissioner a written request for a hearing on the citation or proposed civil penalty.

F. Unless a person requests a hearing as provided in § E of this regulation, a citation, including a notice of a proposed civil penalty, is considered a final order.

G. The Commissioner, or the Commissioner's designee, shall give notice of a hearing and hold the hearing under § E of this regulation in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, as supplemented by Regulation .09 of this chapter.

H. A person shall correct each violation for which the Commissioner issues a citation within the time set for correction in the citation or a final order under this chapter.

(Regulations .35 amended effective 45:8 Md. R. 419, eff. 4/23/2018)
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