09.12.45.04

.04 Citations.

A. Issuance.

(1) If, after investigation, the Commissioner believes a farm labor contractor or agricultural operation has violated a provision of either the Farm Labor Contractor Act, Labor and Employment Article, Title 7, Annotated Code of Maryland, or a regulation adopted to carry out this Act, the Commissioner shall, with reasonable promptness, issue a citation to the farm labor contractor or agricultural operation.

(2) A citation shall:

(a) Be in writing;

(b) Describe with particularity the nature of the alleged violation;

(c) Reference the provision of law or regulation allegedly violated; and

(d) State the penalty, if any, that the Commissioner proposes to assess under the Farm Labor Contractor Act, Labor and Employment Article, Title 7, Annotated Code of Maryland.

(3) A citation shall be accompanied by a notice that informs a party cited that, within 15 working days after receipt of the citation, the party may submit to the Commissioner a written notice of contest to the citation or penalty.

(4) A citation may not be issued after the expiration of 6 months following the occurrence of an alleged violation.

B. Enforcement.

(1) A party to whom a citation is issued may file with the Commissioner a written notice of contest to the citation or proposed penalty. The notice shall be:

(a) In writing; and

(b) Postmarked within 15 working days of the date on which the party received the citation.

(2) If a party does not file proper notice of contest, the citation and any penalty proposed in it become final upon the expiration of 15 working days following the party's receipt of the citation.

(3) If a party files a notice of contest in accordance with this regulation, the Commissioner shall set and conduct a hearing and issue a written determination in accordance with the requirements of the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.