§ 226. Enforcement
(a)(1) An employer shall, within 20 days after personal service or receipt of a citation
issued under section 225 of this subchapter, notify the Commissioner that the employer
wishes to appeal the citation or proposed penalty.
(2) If an employer does not notify the Commissioner as provided in this subsection and
an employee does not file a notice under subsection (c) of this section, the citation
and penalty, as proposed, shall be deemed a final order of the Review Board and not
subject to review by any court or agency.
(b)(1)(A) If the Commissioner on inspection or investigation finds that an employer has failed
to correct a violation for which a citation has been issued within the period permitted
for its correction, the Commissioner shall notify the employer by certified mail of
the failure and of the penalty proposed to be assessed under section 210 of this chapter
by reason of the failure.
(B) The period to correct a violation shall begin to run:
(i) when a final order is entered by the Review Board in relation to review proceedings
under this section that are initiated by an employer in good faith and not solely
for delay or avoidance of penalties; or
(ii) on the day the citation and penalty become final under subsection (a) of this section.
(2) The employer shall have 20 days after the receipt of the notice to notify the Commissioner
that the employer wishes to appeal the Commissioner’s citation or the proposed penalty.
If, within 20 days after receipt of the notification issued by the Commissioner, the
employer fails to notify the Commissioner that the employer intends to appeal, the
citation and assessment, as proposed, shall be deemed a final order of the Review
Board and not subject to review by any court or agency.
(c) If an employer notifies the Commissioner that the employer intends to contest a citation
issued under section 225 of this title, or if, within 20 days after the issuance of a citation under section 225 of this title, any employee or representative of employees files a notice with the Commissioner
alleging that the period of time fixed in the citation for the abatement of the violation
is unreasonable, the Commissioner shall immediately advise the Review Board of the
notification and the Review Board shall afford an opportunity for a hearing. Unless
a notice is timely filed, the proposed penalty and, in appropriate cases, the citation
shall be deemed a final order of the Review Board not subject to review by any court
or agency.
(d) After hearing an appeal, the Review Board shall issue an order based on findings of
fact that affirms, modifies, or vacates the Commissioner’s citation or proposed penalty,
or both, or provides other appropriate relief. The order shall become final 30 days
after its issuance unless judicial review is timely taken under section 227 of this title. The rules of procedure adopted by the Review Board shall provide affected employees
or their representatives with an opportunity to participate as parties in a hearing
under this subsection. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 214 (Adj. Sess.), § 13; 2017, No. 148 (Adj. Sess.), § 7, eff. May 21, 2018; 2021, No. 20, § 215; 2023, No. 85 (Adj. Sess.), § 71, eff. July 1, 2024.)