102                                        LAWS OF MARYLAND                                 Ch. 59

GROUNDS TO BELIEVE THAT A VIOLATION OR DANGER EXISTS, HE
SHALL NOTIFY [[THE EMPLOYER AND]] THE EMPLOYEE OR
REPRESENTATIVE OF THE EMPLOYEES IN WRITING OF SUCH
DETERMINATION.

(D)   PRIOR TO OR DURING ANY INSPECTION OF A PLACE OF
EMPLOYMENT,          ANY          EMPLOYEES          OR          AUTHORIZED
REPRESENTATIVE OF EMPLOYEES EMPLOYED IN SUCH PLACE OF
EMPLOYMENT MAY NOTIFY THE COMMISSIONER OR HIS
AUTHORIZED REPRESENTATIVE, IN WRITING, OF ANY VIOLATION
OF THIS SUBTITLE WHICH THEY HAVE REASON TO BELIEVE EXISTS
IN SUCH PLACE OF EMPLOYMENT. THE COMMISSIONER SHALL, BY
RULE OR REGULATION, ESTABLISH PROCEDURES FOR INFORMAL
REVIEW OF ANY REFUSAL TO ISSUE A CITATION WITH RESPECT
TO ANY SUCH ALLEGED VIOLATION AND SHALL FURNISH THE
EMPLOYEES OR REPRESENTATIVE OF EMPLOYEES REQUESTING
SUCH REVIEW A WRITTEN STATEMENT OF THE REASONS FOR THE
COMMISSIONER'S FINAL DISPOSITION OF THE CASE.

(E)  IF AFTER INSPECTION OF ANY PLACE OF EMPLOYMENT, THE
COMMISSIONER OR HIS AUTHORIZED REPRESENTATIVE SHALL
DETERMINE THAT ANY MACHINERY, APPARATUS, DEVICES OR
MECHANICAL EQUIPMENT OR ANY PART THEREOF IS IN
VIOLATION OF ANY STANDARD PROMULGATED UNDER THIS
SUBTITLE, AND THAT THERE IS A SUBSTANTIAL PROBABILITY
THAT DEATH OR SERIOUS PHYSICAL HARM COULD RESULT FROM
ITS CONTINUED USE, NOTICE THEREOF SHALL BE GIVEN IN
WRITING TO THE EMPLOYER OR AGENT IN CHARGE OF SUCH
OPERATION. A COPY OF THE NOTICE SHALL BE ATTACHED TO
SUCH MACHINERY, APPARATUS, DEVICE OR MECHANICAL
EQUIPMENT, THE USE OF WHICH SHALL THEREAFTER BE
PROHIBITED. SUCH NOTICE SHALL NOT BE REMOVED UNTIL THE
MACHINERY, APPARATUS, DEVICE OR MECHANICAL EQUIPMENT
IS MADE SAFE AND THE REQUIRED SAFEGUARDS ARE PROVIDED.
ANY PERSON AGGRIEVED BY A DECISION OF THE COMMISSIONER
MADE PURSUANT TO THE PROVISIONS OF THIS SUBSECTION MAY
COMMENCE AN ACTION IN THE CIRCUIT COURT OF THE
POLITICAL SUBDIVISION IN WHICH THE PLACE OF EMPLOYMENT
IS SITUATE, AGAINST THE COMMISSIONER, TO VACATE OR
MODIFY SUCH DECISION ON THE GROUND THAT IT IS UNLAWFUL
OR UNREASONABLE. THE FILING OF ANY SUCH ACTION AGAINST
THE COMMISSIONER SHALL NOT ACT AS A STAY OF THE DECISION
OF THE COMMISSIONER, EXCEPT THAT THE COURT, AFTER
NOTICE TO THE COMMISSIONER AND HEARING, MAY GRANT A
STAY UPON SUCH CONDITION OR SUCH SECURITY OR BOND AS
MAY, IN ITS DISCRETION, SEEM PROPER.

(F)     IT SHALL BE UNLAWFUL FOR ANY PERSON TO GIVE
ADVANCE NOTICE OF ANY INSPECTION TO BE CONDUCTED UNDER
THIS SUBTITLE, WITHOUT THE WRITTEN APPROVAL OF THE
COMMISSIONER OR HIS AUTHORIZED REPRESENTATIVE.

36. CITATIONS.

(A) IF, UPON INSPECTION OR INVESTIGATION, THE
COMMISSIONER OR HIS AUTHORIZED REPRESENTATIVE, IS OF
THE OPINION THAT AN EMPLOYER HAS VIOLATED ANY DUTY
IMPOSED UPON HIM BY THIS SUBTITLE, OR ANY RULE,