2942                                     LAWS OF MARYLAND                                   Ch. 834

ON MOTION OF A PARTY THE COMMISSIONER MAY ALLOW A
CONTINUANCE FOR NOT MORE THAN 30 DAYS.

90.

(A)  IF, AFTER INSPECTION OR INVESTIGATION OF ANY
RAILROAD, THE COMMISSIONER OR HIS AUTHORIZED REPRESENTATIVE,
DETERMINES THAT THIS SUBTITLE OR ANY RULE, REGULATION,
STANDARD, OR ORDER PROMULGATED AND ISSUED UNDER THIS
SUBTITLE HAS BEEN VIOLATED, HE SHALL ISSUE A CITATION WITH
REASONABLE PROMPTNESS TO THE RAILROAD COMPANY. EACH
CITATION SHALL DESCRIBE WITH PARTICULARITY THE NATURE OF THE
VIOLATION INCLUDING A REFERENCE TO THE PROVISIONS OF THIS
SUBTITLE, RULE, REGULATION, STANDARD, OR ORDER ALLEGED TO
HAVE BEEN VIOLATED. THE CITATION SHALL SET A REASONABLE
TIME FOR THE ABATEMENT AND CORRECTION OF THE VIOLATION.

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

(C)  A CITATION MAY NOT BE ISSUED AFTER THE EXPIRATION
OF 6 MONTHS FOLLOWING THE VIOLATION.

91.

(A)  IF, AFTER AN INSPECTION AND INVESTIGATION, THE
COMMISSIONER ISSUES A CITATION UNDER SECTION 90, HE, WITHIN
A REASONABLE TIME AFTER THE DATE OF ISSUANCE, SHALL NOTIFY
THE RAILROAD COMPANY AT ITS PRINCIPAL PLACE OF BUSINESS BY
CERTIFIED MAIL:

(1)  OF THE ISSUANCE OF THE CITATION AND OF ANY
PROPOSED CIVIL PENALTY ASSESSED UNDER THIS SUBTITLE; AND

(2)  THAT THE RAILROAD COMPANY HAS 15 WORKING
DAYS TO NOTIFY THE COMMISSIONER IN WRITING THAT IT WISHES TO
CONTEST THE CITATION OR PROPOSED ASSESSMENT OF PENALTY.

(B)  IF, WITHIN 15 WORKING DAYS FROM THE RECEIPT OF THE
CITATION AND PROPOSED PENALTY, IF ANY, ISSUED BY THE
COMMISSIONER, THE RAILROAD COMPANY DOES NOT NOTIFY THE
COMMISSIONER THAT IT INTENDS TO CONTEST THE CITATION OR
ASSESSMENT OF PENALTY, THE CITATION AND ASSESSMENT ARE
FINAL.

(C)  IF THE COMMISSIONER HAS REASON TO BELIEVE THAT A
RAILROAD COMPANY HAS NOT CORRECTED A VIOLATION FOR WHICH
CITATION HAS BEEN ISSUED WITHIN THE PERIOD PERMITTED FOR ITS
CORRECTION, THE COMMISSIONER SHALL NOTIFY THE RAILROAD
COMPANY BY CERTIFIED MAIL:

(1) OF THE FAILURE TO CORRECT THE VIOLATION AND
ANY PENALTY, ASSESSED UNDER SECTION 95 OF THIS SUBTITLE; AND