Code of Maryland Regulations
Title 09 - MARYLAND DEPARTMENT OF LABOR
Subtitle 12 - DIVISION OF LABOR AND INDUSTRY
Chapter 09.12.20 - Occupational Safety and Health
Section 09.12.20.16 - Hearings - Determination and Review

Universal Citation: MD Code Reg 09.12.20.16

Current through Register Vol. 51, No. 19, September 20, 2024

A. Within a reasonable time after the hearing examiner has heard and considered all evidence, written briefs, and memoranda, the hearing examiner shall:

(1) Issue a written determination which:
(a) Is dated,

(b) Summarizes testimony and exhibits,

(c) Is the hearing examiner's final disposition of the proceedings, and

(d) Comports with the Act, regulations adopted under the Act, and State Government Article, §10-214, Annotated Code of Maryland; and

(2) Serve a copy of the determination on each party; and

(3) Return all documents and exhibits to the Commissioner.

B. The determination of the hearing examiner shall become the final order of the Commissioner unless, in accordance with the Act:

(1) The employer, or an employee or representative of an employee, requests a review; or

(2) The Commissioner orders a review.

C. Review of Proceedings Before the Commissioner.

(1) A request for review filed by an affected employer, or an employee or representative of an employee, shall:
(a) Be in writing;

(b) Contain a concise statement identifying each portion of the hearing examiner's determination for which a review is requested;

(c) Be filed with the Commissioner within 15 work days after the date of the hearing examiner's determination; and

(d) Be mailed by the requesting party to all other parties to the proceeding.

(2) Affected parties have the opportunity to present argument to the Commissioner.

(3) Order of the Commissioner.
(a) After review of the proceedings with or without a hearing, the Commissioner shall:
(i) Issue an order based on findings of fact;

(ii) Mail copies of the order to all affected parties.

(b) The Commissioner's order shall:
(i) Affirm, modify, or vacate the citation or proposed penalty, or direct other appropriate relief; and

(ii) Become final 15 days after it is issued.

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