Md. Code Regs. 09.12.01.35

Current through Register Vol. 51, No. 22, November 1, 2024

Section 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.

Md. Code Regs. 09.12.01.35

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