Ch. 59                               MARVIN MANDEL, Governor                                  103

REGULATION, STANDARD, OR ORDER, PROMULGATED AND
ISSUED UNDER THIS SUBTITLE, HE SHALL WITH REASONABLE
PROMPTNESS ISSUE A CITATION TO THE EMPLOYER. EACH
CITATION SHALL BE IN WRITING AND SHALL DESCRIBE WITH
PARTICULARITY THE NATURE OF THE VIOLATION INCLUDING A
REFERENCE TO THE PROVISION OF THIS SUBTITLE, RULE,
REGULATION, STANDARD, OR ORDER ALLEGED TO HAVE BEEN
VIOLATED. IN ADDITION, THE CITATION SHALL FIX A
REASONABLE TIME FOR THE ABATEMENT AND CORRECTION OF
THE VIOLATION.

(B)  EACH CITATION ISSUED UNDER THIS SUBTITLE, OR A COPY
OR COPIES THEREOF SHALL BE PROMINENTLY POSTED AS
PRESCRIBED IN REGULATIONS ISSUED BY THE COMMISSIONER, AT
OR NEAR EACH PLACE A VIOLATION REFERRED TO IN THE
CITATION OCCURRED.

(C)   NO CITATION MAY BE ISSUED AFTER THE EXPIRATION OF
SIX MONTHS FOLLOWING THE OCCURRENCE OF ANY VIOLATION.

(D)        THE COMMISSIONER MAY ISSUE REGULATIONS
PRESCRIBING PROCEDURES FOR THE ISSUANCE OF A NOTICE IN
LIEU OF A CITATION WITH RESPECT TO DE MINIMIS VIOLATIONS
WHICH HAVE NO DIRECT OR IMMEDIATE RELATIONSHIP TO
SAFETY OR HEALTH.

37. ENFORCEMENT.

(A)     IF, AFTER AN INSPECTION AND INVESTIGATION, THE
COMMISSIONER ISSUES A CITATION UNDER SECTION 36 HE SHALL,
WITHIN A REASONABLE TIME AFTER THE DATE OF ISSUANCE OF
SAID CITATION, NOTIFY THE EMPLOYER BY CERTIFIED MAIL OF
THE PENALTY, IF ANY, PROPOSED TO BE ASSESSED UNDER
SECTION 40 AND THAT THE EMPLOYER HAS FIFTEEN WORKING
DAYS WITHIN WHICH TO NOTIFY THE COMMISSIONER IN
WRITING, THAT HE WISHES TO CONTEST THE CITATION OR
PROPOSED ASSESSMENT OF PENALTY, IF ANY. IF, WITHIN FIFTEEN
WORKING DAYS FROM THE RECEIPT OF THE NOTICE ISSUED BY
THE COMMISSIONER, THE EMPLOYER FAILS TO NOTIFY THE
COMMISSIONER THAT HE INTENDS TO CONTEST THE CITATION OR
PROPOSED ASSESSMENT OF PENALTY, IF ANY, AND NO NOTICE IS
FILED BY ANY EMPLOYEE OR REPRESENTATIVE OF EMPLOYEES
UNDER SUBSECTION (C) WITHIN SUCH TIME, THE CITATION AND
THE ASSESSMENT, IF ANY, AS PROPOSED SHALL BE DEEMED A
FINAL ORDER OF THE COMMISSIONER.

(B)   IF THE COMMISSIONER HAS REASON TO BELIEVE THAT AN
EMPLOYER HAS FAILED TO CORRECT A VIOLATION FOR WHICH A
CITATION HAS BEEN ISSUED WITHIN THE PERIOD PERMITTED FOR
ITS CORRECTION (WHICH PERIOD SHALL NOT BEGIN TO RUN
UNTIL THE ENTRY OF A FINAL ORDER BY THE COMMISSIONER IN
THE CASE OF ANY REVIEW BY THE COMMISSIONER OF
PROCEEDINGS BEFORE A HEARING EXAMINER REQUESTED BY
THE EMPLOYER IN GOOD FAITH AND NOT SOLELY FOR DELAY OR
AVOIDANCE OF PENALTIES) THE COMMISSIONER SHALL NOTIFY
THE EMPLOYER BY CERTIFIED MAIL OF SUCH FAILURE TO
CORRECT AND OF THE PENALTY, IF ANY, PROPOSED TO BE
ASSESSED UNDER SECTION [[13]] 40 BY REASON OF SUCH FAILURE,