Code of Maryland Regulations
Title 09 - MARYLAND DEPARTMENT OF LABOR
Subtitle 12 - DIVISION OF LABOR AND INDUSTRY
Chapter 09.12.53 - Maryland Accessibility Code
Section 09.12.53.06 - Implementation
Universal Citation: MD Code Reg 09.12.53.06
Current through Register Vol. 51, No. 19, September 20, 2024
A. Application.
(1) Except as set forth in §A(2) of this
regulation, application and enforcement of this Code is the responsibility of
the local subdivision or other governmental agency having primary jurisdiction
over a building, structure, facility, or site.
(2) The application and enforcement of this
Code as it pertains to State and local government buildings and facilities
including public transit facilities shall be delegated as the responsibility of
the governmental agency having jurisdiction over the building or
facility.
B. Interpretation. The Department of Labor, Licensing, and Regulation shall decide all questions relating to interpretation of this Code and shall determine whether any requests for waivers or exemptions from this Code may be approved.
C. Actions to Enforce.
(1) Except as provided in §C(3) of this
regulation, the Secretary may institute in any court of competent jurisdiction
an action for equitable relief, if the Secretary determines that a violation of
this Code exists.
(2) The Secretary
may not institute an action under §C(1) of this regulation until 5 working
days after the Secretary has sought to seek a resolution of the violation
through informal mediation and conciliation.
(3) Enforcement of this Code as it pertains
to a covered multifamily dwelling as defined in Regulation .05B of this chapter
is also under the jurisdiction of the Human Relations Commission under Article
49B, § 22, Annotated Code of Maryland. The Department is required to
cooperate with and provide technical assistance to the Human Relations
Commission.
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