856                                     LAWS OF MARYLAND                                 Ch. 234

Article 89 - Division of Labor and Industry
37.

(c)   If an employer notifies the Commissioner, in
writing, that he intends to contest a citation issued under
§ 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 § 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, WHEN
PRACTICABLE, within thirty days after receipt of such
notification by the Commissioner. An employer shall have
the option of having a hearing as provided under this
section held (1) in regional offices as designated by the
Commissioner, (2) in the county where the violation occurred
and the hearing must be held in an office provided by that
county, or (3) in Baltimore City, provided that the employer
shall indicate where the hearing is to be held when he
submits to the Commissioner his notification of contest by
the employer. 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 OR THE COMMISSIONER HIMSELF ORDERS A REVIEW
OF THE PROCEEDINGS.

(e)   The Commissioner shall, after a review of the
proceedings [if requested as provided in] PURSUANT TO
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.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1979.

Approved May 14, 1979.