100                                        LAWS OF MARYLAND                                 Ch. 59

WHICH THE EMPLOYER MUST ADOPT AND USE WHILE THE ORDER
IS IN EFFECT AND STATE IN DETAIL THE PROGRAM FOR COMING
INTO COMPLIANCE WITH THE RULE, REGULATION OR STANDARD.
SUCH A TEMPORARY ORDER MAY BE GRANTED ONLY AFTER
NOTICE TO EMPLOYEES AND AN OPPORTUNITY FOR A HEARING
UPON REQUEST OF THE EMPLOYER OR ANY AFFECTED EMPLOYEE.
THE COMMISSIONER MAY ISSUE ONE INTERIM ORDER TO BE
EFFECTIVE UNTIL A DETERMINATION IS MADE OR A DECISION
RENDERED IF A HEARING IS REQUESTED. NO TEMPORARY ORDER
MAY BE IN EFFECT FOR LONGER THAN THE PERIOD NEEDED BY
THE EMPLOYER TO ACHIEVE COMPLIANCE WITH THE RULE,
REGULATION OR STANDARD OR ONE YEAR, WHICHEVER IS
SHORTER, EXCEPT THAT SUCH ORDER MAY BE RENEWED NOT
MORE THAN TWICE, SO LONG AS THE REQUIREMENTS OF THIS
SUBSECTION ARE MET AND IF AN APPLICATION FOR RENEWAL IS
FILED AT LEAST NINETY DAYS PRIOR TO THE EXPIRATION DATE
OF THE ORDER. NO RENEWAL OF A TEMPORARY ORDER MAY
REMAIN IN EFFECT FOR LONGER THAN ONE HUNDRED EIGHTY
DAYS.

(C) AN APPLICATION FOR A TEMPORARY ORDER UNDER THIS
SECTION SHALL CONTAIN:

(1)     A SPECIFICATION OF THE RULE, REGULATION OR
STANDARD OR PORTION THEREOF FROM WHICH THE EMPLOYER
SEEKS A VARIANCE;

(2)   A REPRESENTATION BY THE EMPLOYER SUPPORTED BY
REPRESENTATIONS FROM QUALIFIED PERSONS HAVING
FIRST-HAND KNOWLEDGE OF THE FACTS REPORTED, THAT HE IS
UNABLE TO COMPLY WITH THE RULE, REGULATION OR
STANDARD OR PORTION THEREOF AND A DETAILED STATEMENT
OF THE REASONS THEREFOR;

(3)  A STATEMENT OF THE STEPS THE EMPLOYER HAS TAKEN
AND WILL TAKE, WITH SPECIFIC DATES, TO PROTECT EMPLOYEES
AGAINST THE HAZARD COVERED BY THE RULE, REGULATION OR
STANDARD;

(4)  A STATEMENT AS TO WHEN THE EMPLOYER EXPECTS TO
BE ABLE TO COMPLY WITH THE RULE, REGULATION OR
STANDARD OR PORTION THEREOF AND WHAT STEPS HE HAS
TAKEN AND WILL TAKE, WITH DATES SPECIFIED, TO COME INTO
COMPLIANCE WITH THE RULE, REGULATION OR STANDARD; AND

(5)   A CERTIFICATION THAT THE EMPLOYER HAS INFORMED
HIS EMPLOYEES OF THE APPLICATION BY GIVING A COPY
THEREOF TO THE EMPLOYEES OR THEIR AUTHORIZED
REPRESENTATIVE, POSTING A STATEMENT GIVING A SUMMARY
OF THE APPLICATION AND SPECIFYING WHERE A COPY MAY BE
EXAMINED AT THE PLACE OR PLACES WHERE NOTICES TO
EMPLOYEES ARE NORMALLY POSTED, AND BY OTHER
APPROPRIATE MEANS OF NOTIFICATION; THE APPLICATION
SHALL SET FORTH THE MANNER IN WHICH THE EMPLOYEES HAVE
BEEN NOTIFIED; AND SHALL ALSO ADVISE EMPLOYEES OF THEIR
RIGHT TO APPLY TO THE COMMISSIONER TO CONDUCT A
HEARING UPON THE APPLICATION FOR A VARIANCE.