Code of Maryland Regulations
Title 09 - MARYLAND DEPARTMENT OF LABOR
Subtitle 12 - DIVISION OF LABOR AND INDUSTRY
Chapter 09.12.45 - Farm Labor Contractor Registration
Section 09.12.45.04 - Citations
Universal Citation: MD Code Reg 09.12.45.04
Current through Register Vol. 50, No. 25, December 15, 2023
A. Issuance.
(1) If, after investigation, the Commissioner
believes a farm labor contractor or agricultural operation has violated a
provision of either the Farm Labor Contractor Act, Labor and Employment
Article, Title 7, Annotated Code of Maryland, or a regulation adopted to carry
out this Act, the Commissioner shall, with reasonable promptness, issue a
citation to the farm labor contractor or agricultural operation.
(2) A citation shall:
(a) Be in writing;
(b) Describe with particularity the nature of
the alleged violation;
(c)
Reference the provision of law or regulation allegedly violated; and
(d) State the penalty, if any, that the
Commissioner proposes to assess under the Farm Labor Contractor Act, Labor and
Employment Article, Title 7, Annotated Code of Maryland.
(3) A citation shall be accompanied by a
notice that informs a party cited that, within 15 working days after receipt of
the citation, the party may submit to the Commissioner a written notice of
contest to the citation or penalty.
(4) A citation may not be issued after the
expiration of 6 months following the occurrence of an alleged
violation.
B. Enforcement.
(1) A party to whom a citation
is issued may file with the Commissioner a written notice of contest to the
citation or proposed penalty. The notice shall be:
(a) In writing; and
(b) Postmarked within 15 working days of the
date on which the party received the citation.
(2) If a party does not file proper notice of
contest, the citation and any penalty proposed in it become final upon the
expiration of 15 working days following the party's receipt of the
citation.
(3) If a party files a
notice of contest in accordance with this regulation, the Commissioner shall
set and conduct a hearing and issue a written determination in accordance with
the requirements of the Administrative Procedure Act, State Government Article,
Title 10, Subtitle 2, Annotated Code of Maryland.
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