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11.08.04.00.htm 11.08.04.00. Title 11 DEPARTMENT OF TRANSPORTATION Subtitle 08 STATE RAIL SAFETY OVERSIGHT Chapter 04 Rules Compliance Violations Authority: Transportation Article, §2-102(c)5) and 7-203.1, Annotated Code of Maryland; 49 U.S.C. §5329 and 49 CFR Part 674
11.08.04.01.htm 11.08.04.01. 01 State Safety Oversight Agency Investigative Authority.. A. To carry out this title the MDOT Deputy Secretary of Operations or designee, may administer an oath, certify an official act, take or cause to be taken a deposition of a witness, or issue a subpoena for the attendance of a witness to testify and/or produce papers, books, documents, records, and testimony.B. If a person fails to comply with a lawfully issued subpoena, on application of the MDOT Deputy Se
11.08.04.02.htm 11.08.04.02. 02 Event/Threshold.. A. The SSOA will investigate and take actions in accordance with COMAR 11.24.02.03 to compel compliance by the RTA with any Corrective Action Plan or order stemming from the investigation of accidents, incidents, and occurrences as listed in Appendix A to 49 CFR 674 ― Notification and Reporting of Accidents, Incidents, and Occurrences.B. Nothing in this regulation shall be deemed to alter a rail transit vehicle or high-rail vehicle operator’s or any safety-s
11.08.04.03.htm 11.08.04.03. 03 Suspension of Safety-Sensitive Certification.. A. An employee may have his or her safety-sensitive certification suspended by the SSOA in accordance with to the following standards:1) In the case of a single incident (as defined in 49 CFR §674.7) that is deemed to be a safety violation, the employee may have his or her safety-sensitive certification suspended for up to 1 month.2) In the case of two separate incidents that occurred within 24 months of each other, the employee
11.08.04.04.htm 11.08.04.04. 04 Reinstatement of Safety-Sensitive Eligibility.. A. An employee whose safety-sensitive certification has been suspended may be eligible for reinstatement prior to the expiration of the initial period of suspension if:1) The suspension imposed is for a period of 1 year or less;. 2) The suspension was for reasons other than noncompliance with the drug and alcohol policy;. 3) The employee has been evaluated by a qualified supervisor of the specific safety-sensitive positi
11.08.04.05.htm 11.08.04.05. 05 Administrative Hearing.. A. An employee wishing to file an appeal must notify the SSOA within 15 calendar days of receiving the notice of the suspension, to request an administrative hearing.B. When a suspension is contested, the SSOA will forward the matter to Maryland Office of Administrative Hearings (OAH) to set in for a hearing.C. The hearing will be conducted in accordance with Title 28 of the Code of Maryland Regulations (COMAR 28.02.01)D. The administrative law
11.08.04.9999.htm 11.08.04.9999. Administrative History Effective date: March 26, 2018 (45:6 Md. R. 321).
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