1850                                        LAWS OF MARYLAND                                    Ch. 487

Article 100 - Work, Labor and Employment

85.

(b) (1) The Commissioner may determine rates less than the
fixed minimum wage for those handicapped by physical or mental
disability upon the circumstances of the individual case and
shall issue certificates for such periods of time as stated
therein.

(2)  In lieu of the issuance of certificates, the
Commissioner shall accept a "sheltered workshop certificate" or a
"work activities certificate" issued by the U. S. Department of
Labor if it is filed with the Commissioner within ten days after
receipt of certification by the certificate holder. However, the
acceptance of a "sheltered workshop certificate" or a "work
activities certificate" does not apply automatically to
individuals who have continued to work in a "sheltered workshop"
or a "work activities center" after completion of any training
program run by the "sheltered workshop" or "work activities
center."

(3)  If the certificate is revoked by the U. S.
Department of Labor, the Commissioner may revoke his acceptance
of the certificate. At any time prior to revocation of a
certificate by the U. S. Department of Labor, the Commissioner
may cause an investigation to be made, and upon 30 days prior
written notice by certified mail to the certificate holder, hold
a hearing to determine if there is good cause to revoke the
Commissioner's acceptance of a certificate issued by the U. S.
Department of Labor.

(4)  If the Commissioner fails to determine rates less
than the fixed minimum wage as provided under this section for an
individual "sheltered workshop" or "work activities center" and
if a certificate issued by the U.S. Department of Labor is not
applicable, that individual "sheltered workshop" or "work
activities center" may request an exemption from the
Commissioner. After investigation and hearing, the Commissioner
may exempt that individual "sheltered workshop" or "work
activities center" from the fixed minimum wage provisions under
the Wage and Hour Law.

(5) THIS SUBSECTION DOES NOT APPLY TO ANY BLIND
INDIVIDUAL WHO WORKS IN THE SHELTERED WORKSHOPS OF THE BLIND
INDUSTRIES AND SERVICES OF MARYLAND.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall

take effect July 1, 1986.
Approved May 13, 1986.