HARRY HUGHES, Governor

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(2) THAT THE RAILROAD COMPANY HAS 15 WORKING
DAYS WITHIN WHICH TO NOTIFY THE COMMISSIONER IN WRITING THAT
IT WISHES TO CONTEST THE COMMISSIONER'S NOTIFICATION OR
ASSESSMENT OF PENALTY.

(D)  IF WITHIN 15 DAYS FROM THE RECEIPT OF NOTIFICATION
ISSUED BY THE COMMISSIONER, THE RAILROAD COMPANY DOES NOT
NOTIFY THE COMMISSIONER OF ITS INTENTION TO CONTEST THE
NOTIFICATION OR PROPOSED ASSESSED PENALTY, THE NOTIFICATION
AND PENALTY ARE FINAL.

(E)  IF A RAILROAD COMPANY NOTIFIES THE COMMISSIONER IN
WRITING THAT IT INTENDS TO CONTEST A CITATION OR PENALTY
ISSUED UNDER SECTION 90 OF THIS SUBTITLE OR A NOTIFICATION
OR PENALTY ISSUED UNDER SUBSECTIONS (A), (B), AND (C) OF
THIS SECTION, THE COMMISSIONER SHALL GRANT A HEARING, WHEN
PRACTICABLE, WITHIN 30 DAYS AFTER THE RECEIPT BY THE
COMMISSIONER OF THE NOTICE TO CONTEST.

(F)  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 WITH IT
ASSIGNED TO HIM BY THE COMMISSIONER.

(1)  THE HEARING EXAMINER SHALL PREPARE AN
OFFICIAL RECORD THAT INCLUDES TESTIMONY AND EXHIBITS, AND A
WRITTEN REPORT OF HIS DECISION WHICH CONSTITUTES HIS FINAL
DISPOSITION OF THE PROCEEDINGS.

(2)  THE REPORT OF THE HEARING EXAMINER BECOMES
FINAL UNLESS:

(I)  WITHIN 15 WORKING DAYS AFTER THE
REPORT THE AFFECTED RAILROAD OR ANY AFFECTED PERSON REQUESTS
IN WRITING A REVIEW BY THE COMMISSIONER OF THE PROCEEDINGS
BEFORE THE HEARING EXAMINER; OR

(II)  THE COMMISSIONER ORDERS A REVIEW OF
THE PROCEEDINGS.

(G)  AFTER A REVIEW OF THE PROCEEDINGS PURSUANT TO
SUBSECTION (F)(2) OF THIS SECTION, WITH OR WITHOUT A
HEARING, THE COMMISSIONER SHALL ISSUE AN ORDER, BASED ON
FINDINGS OF FACT, AFFIRMING, MODIFYING, OR VACATING THE
CITATION OR PROPOSED PENALTY, OR DIRECTING OTHER APPROPRIATE
RELIEF. THE COMMISSIONER'S ORDER BECOMES FINAL ON DATE OF
ISSUANCE.

(H) AFTER AN OPPORTUNITY FOR HEARING AS PROVIDED IN
THIS SECTION, THE COMMISSIONER MAY ISSUE AN ORDER AFFIRMING
OR MODIFYING THE ABATEMENT REQUIREMENTS IN THE CITATION UPON
A SHOWING BY AN AFFECTED RAILROAD OF:

(1)  A GOOD FAITH EFFORT TO COMPLY WITH THE
ABATEMENT REQUIREMENTS OF THE CITATION; AND

(2)  THAT ABATEMENT HAS NOT BEEN COMPLETED
BECAUSE OF FACTORS BEYOND ITS REASONABLE CONTROL.