104                                        LAWS OF MARYLAND                                 Ch. 59

AND THAT THE EMPLOYER HAS FIFTEEN WORKING DAYS WITHIN
WHICH TO NOTIFY THE COMMISSIONER IN WRITING THAT HE
WISHES TO CONTEST THE COMMISSIONER'S NOTIFICATION OR
THE PROPOSED ASSESSMENT OF PENALTY, IF ANY. IF, WITHIN
FIFTEEN WORKING DAYS FROM THE RECEIPT OF NOTIFICATION
ISSUED BY THE COMMISSIONER, THE EMPLOYER FAILS TO NOTIFY
THE COMMISSIONER THAT HE INTENDS TO CONTEST THE
NOTIFICATION OR PROPOSED ASSESSMENT OF PENALTY, IF ANY,
THE NOTIFICATION AND ASSESSMENT AS PROPOSED SHALL BE
DEEMED A FINAL ORDER OF THE COMMISSIONER.

(C)     IF AN EMPLOYER NOTIFIES THE COMMISSIONER, IN
WRITING, THAT HE INTENDS TO CONTEST A CITATION ISSUED
UNDER SECTION 36 (A) OR NOTIFICATION ISSUED UNDER
SUBSECTIONS (A) AND (B) OF THIS SECTION, OR IF, WITHIN
FIFTEEN WORKING DAYS OF THE ISSUANCE OF A CITATION
UNDER SECTION 36(A) ANY EMPLOYEE OR REPRESENTATIVE OF
EMPLOYEES, FILES A NOTICE, IN WRITING, WITH THE
COMMISSIONER ALLEGING THE PERIOD OF TIME FIXED IN THE
CITATION FOR THE ABATEMENT OF THE VIOLATION IS
UNREASONABLE, THE COMMISSIONER SHALL GRANT A HEARING
WITHIN THIRTY DAYS AFTER RECEIPT OF SUCH NOTIFICATION BY
THE           COMMISSIONER.           AFFECTED           EMPLOYEES           OR
REPRESENTATIVES OF AFFECTED EMPLOYEES SHALL BE
PROVIDED AN OPPORTUNITY TO PARTICIPATE AS PARTIES TO
HEARINGS UNDER THIS SUBSECTION.

(D)  THE COMMISSIONER MAY APPOINT A HEARING EXAMINER
TO HEAR AND MAKE A DETERMINATION UPON ANY PROCEEDING
INSTITUTED BEFORE THE COMMISSIONER AND ANY MOTION IN
CONNECTION THEREWITH ASSIGNED TO HIM BY THE
COMMISSIONER. SUCH HEARING EXAMINER SHALL PREPARE AN
OFFICIAL RECORD WHICH SHALL INCLUDE TESTIMONY AND
EXHIBITS AND SHALL MAKE A REPORT IN WRITING OF HIS
DETERMINATION WHICH CONSTITUTES HIS FINAL DISPOSITION
OF THE PROCEEDINGS. THE REPORT OF THE HEARING EXAMINER
SHALL BECOME THE FINAL ORDER OF THE COMMISSIONER
UNLESS WITHIN FIFTEEN WORKING DAYS AFTER SUCH REPORT
BY THE HEARING EXAMINER, ANY AFFECTED EMPLOYER OR
EMPLOYEE OR REPRESENTATIVE OF EMPLOYEES SHALL REQUEST
IN WRITING A REVIEW BY THE COMMISSIONER OF SUCH
PROCEEDINGS BEFORE THE HEARING EXAMINER.

(E)    THE COMMISSIONER SHALL, AFTER A REVIEW OF THE
PROCEEDINGS IF REQUESTED AS PROVIDED IN SUBSECTION (D)
HEREOF, EITHER WITH OR WITHOUT A HEARING, ISSUE AN
ORDER, BASED ON FINDINGS OF FACT, AFFIRMING, MODIFYING
OR VACATING THE CITATION OR PROPOSED PENALTY, OR
DIRECTING OTHER APPROPRIATE RELIEF, AND SUCH ORDER
SHALL BECOME FINAL FIFTEEN DAYS AFTER ITS ISSUANCE.

(F)   THE COMMISSIONER MAY, AFTER AN OPPORTUNITY FOR
HEARING AS PROVIDED IN THIS SECTION, UPON A SHOWING BY
AN EMPLOYER OF A GOOD FAITH EFFORT TO COMPLY WITH THE
ABATEMENT REQUIREMENTS OF A CITATION, THAT ABATEMENT
HAS NOT BEEN COMPLETED BECAUSE OF FACTORS BEYOND HIS
REASONABLE CONTROL, ISSUE AN ORDER AFFIRMING OR
MODIFYING THE ABATEMENT REQUIREMENTS IN SUCH CITATION.