reglab/housing_qa huggingface dataset:
MD. Labor and Employment Code Ann. §  4-602 (2021)
2021 Maryland Statutes|Labor and Employment|Title 4 - Bargaining Representatives; Labor Disputes|Subtitle 6 - Firefighters and Emergency Medical Personnel -- Right to Judicial Review|Section 4-602 - Judicial Review

    (a)    An employee, county, or municipal corporation aggrieved by a final decision may obtain judicial review of that decision through an appeal filed in a circuit court of appropriate venue.    (b)    An appeal under subsection (a) of this section shall be taken in accordance with Maryland Rules 7-201 through 7-210.    (c)    Any party that is aggrieved by a final judgment of a circuit court under this subtitle may appeal to the Court of Special Appeals in the manner provided by law.    (d)    In an appeal under subsection (a) of this section, the circuit court may:        (1)    remand the case for further proceedings;        (2)    affirm the final decision; or        (3)    reverse or modify the decision if any substantial right of the petitioner may have been prejudiced because a finding, conclusion, or decision:            (i)    is unconstitutional;            (ii)    exceeds the statutory authority or jurisdiction of the final decision maker;            (iii)    results from an unlawful practice;            (iv)    is affected by any other error of law;            (v)    is unsupported by competent, material, and substantial evidence in light of the entire record as submitted; or            (vi)    is arbitrary and capricious.
MD. Labor and Employment Code Ann. §  4-603 (2021)
2021 Maryland Statutes|Labor and Employment|Title 4 - Bargaining Representatives; Labor Disputes|Subtitle 6 - Firefighters and Emergency Medical Personnel -- Right to Judicial Review|Section 4-603 - Collective Bargaining Agreement

    An employee may elect to exercise the rights available under the collective bargaining agreement as an alternative to the right to a judicial review provided under this subtitle.
MD. Labor and Employment Code Ann. §  5-101 (2021)
2021 Maryland Statutes|Labor and Employment|Title 5 - Occupational Safety and Health|Subtitle 1 - Definitions; General Provisions|Section 5-101 - Definitions

    (a)    In this title the following words have the meanings indicated.    (b)    “Commissioner” means the Commissioner of Labor and Industry.    (c)    (1)    “Employee” means, except as provided in § 5–401 of this title, an individual whom an employer employs, for a wage or other compensation, in the business of the employer.        (2)    “Employee” includes:            (i)    an individual whom a governmental unit employs;            (ii)    an individual who is licensed as a taxicab driver and leases or rents a taxicab from a person who operates or owns a taxicab business in Baltimore City;            (iii)    an individual who is employed for part–time or temporary help by a governmental unit or person who engages in a business that directly employs individuals to provide part–time or temporary help to another governmental unit or person; and            (iv)    an individual who performs work for a governmental unit or person to whom the individual is provided by another governmental unit or person who engages in a business that directly employs individuals to provide part–time or temporary help.    (d)    (1)    “Employer” means:            (i)    except as provided in § 5–401 of this title, a person who is engaged in commerce, industry, trade, or other business in the State and employs at least one employee in that business; or            (ii)    a public body.        (2)    “Employer” includes:            (i)    a person who operates or owns a taxicab business in Baltimore City and leases or rents a taxicab to a licensed taxicab driver, to provide services to the public;            (ii)    a governmental unit or person who engages in a business that directly employs individuals to provide part–time or temporary help to another governmental unit or person; and            (iii)    a governmental unit or person who contracts directly with another governmental unit or person who engages in a business that directly employs individuals to provide part–time or temporary help to another governmental unit or person.    (e)    “Occupational safety and health standard” means a regulation that requires:        (1)    a condition that is reasonably appropriate or necessary to make employment and places of employment safe and healthful; or        (2)    the adoption or use of a means, method, operation, practice, or process that is reasonably appropriate or necessary to make employment and places of employment safe and healthful.    (f)    “Person” includes a successor.    (g)    “Place of employment” means a place in or about which an employee is allowed to work.    (h)    “Public body” means:        (1)    a governmental unit;        (2)    a public or quasi–public corporation of the State;        (3)    a school district in the State or any unit of the district; or        (4)    a special district in the State or any unit of the district.
MD. Labor and Employment Code Ann. §  5-103 (2021)
2021 Maryland Statutes|Labor and Employment|Title 5 - Occupational Safety and Health|Subtitle 1 - Definitions; General Provisions|Section 5-103 - Scope of Title

    (a)    Except as provided in subsection (b) of this section, this title applies to the working conditions at each work place in the State.    (b)    This title does not apply to a working condition of:        (1)    an employee of the federal government or its units; or        (2)    an employee whose occupational safety and health is protected under:            (i)    the Federal Mine Safety and Health Act of 1977;            (ii)    the Longshore and Harbor Workers’ Compensation Act; or            (iii)    the Atomic Energy Act of 1954.
MD. Labor and Employment Code Ann. §  5-104 (2021)
2021 Maryland Statutes|Labor and Employment|Title 5 - Occupational Safety and Health|Subtitle 1 - Definitions; General Provisions|Section 5-104 - General Duties of Employers and Employees

    (a)    Each employer shall provide each employee of the employer with employment and a place of employment that are:        (1)    safe and healthful; and        (2)    free from each recognized hazard that is causing or likely to cause death or serious physical harm to the employee.    (b)    (1)    Each employer shall comply with this title, each applicable regulation that the Commissioner adopts to carry out this title, and each applicable order that the Commissioner passes under this title.        (2)    Each employee shall comply with this title and, when applicable to the employee’s actions and conduct in the course of employment, each regulation that the Commissioner passes under this title.    (c)    Each employer shall keep its employees informed of their protections and duties under this title, including each applicable occupational safety and health standard, by:        (1)    posting notice where notices to employees normally are posted; or        (2)    using other appropriate means.
MD. Labor and Employment Code Ann. §  5-201 (2021)
2021 Maryland Statutes|Labor and Employment|Title 5 - Occupational Safety and Health|Subtitle 2 - Administration and Enforcement|Section 5-201 - Responsibility of Commissioner

    The Commissioner shall have the power and authority to administer and enforce this title.
MD. Labor and Employment Code Ann. §  5-202 (2021)
2021 Maryland Statutes|Labor and Employment|Title 5 - Occupational Safety and Health|Subtitle 2 - Administration and Enforcement|Section 5-202 - Delegation

    (a)    The Commissioner may delegate to the assistant commissioner for occupational safety and health any duty or function of the Commissioner under this title.    (b)    (1)    The Commissioner may enter into a written agreement with a governmental unit to delegate any power of inspection under this title.        (2)    An agreement under this subsection shall:            (i)    specify the procedure to be used in an inspection under the agreement;            (ii)    enable the Commissioner to monitor an inspection power under the agreement; and            (iii)    enable the Commissioner to revoke the agreement at any time.
MD. Labor and Employment Code Ann. §  5-203 (2021)
2021 Maryland Statutes|Labor and Employment|Title 5 - Occupational Safety and Health|Subtitle 2 - Administration and Enforcement|Section 5-203 - Deputies for Inspection of Excavation Work

    (a)    To inspect excavation work for the Commissioner, the Commissioner may deputize an individual who:        (1)    is employed by a county, a municipal corporation, or the Washington Suburban Sanitary Commission or other similar authority;        (2)    has the approval of the chief of the unit for which the employee works; and        (3)    has attended a training course that the Division of Labor and Industry conducts and, on completion of the course, has passed an examination.    (b)    An individual deputized under subsection (a) of this section:        (1)    may inspect excavation work only in the county, municipal corporation, or other jurisdiction of any other authority that employs the individual;        (2)    has the authority of a safety inspector of the Division of Labor and Industry; and        (3)    shall report to the Commissioner on each action related to an inspection under this section, on a form that the Commissioner provides.
MD. Labor and Employment Code Ann. §  5-204 (2021)
2021 Maryland Statutes|Labor and Employment|Title 5 - Occupational Safety and Health|Subtitle 2 - Administration and Enforcement|Section 5-204 - Cost of Administration

    (a)    (1)    The proposed budget of the Division of Labor and Industry shall include an appropriation from the Workers’ Compensation Commission to cover the cost of administering this title.        (2)    The Workers’ Compensation Commission shall pay the cost of administering this title from money that the Commission receives under § 9-316 of this article.    (b)    The Commissioner shall have the power and authority to receive and accept any grant of money from the federal government or any of its agents or units that Congress appropriates under the Occupational Safety and Health Act of 1970.
MD. Labor and Employment Code Ann. §  5-206 (2021)
2021 Maryland Statutes|Labor and Employment|Title 5 - Occupational Safety and Health|Subtitle 2 - Administration and Enforcement|Section 5-206 - Occupational Safety and Health Programs for Public Bodies

    (a)    The Commissioner shall provide for and maintain a comprehensive and effective program on occupational safety and health for employees of public bodies.    (b)    The program under this section shall:        (1)    be generally consistent with this title; and        (2)    require each public body to:            (i)    provide conditions and places of employment that are safe and healthful;            (ii)    develop, conduct, and maintain in each unit of the public body a program of self-inspection that the Commissioner approves;            (iii)    keep and make available to the Commissioner each record that the Commissioner requires under this title and for development of information about occupational accidents, illnesses, and injuries, to allow proper evaluation and necessary corrective action; and            (iv)    submit each report that the Commissioner requires.    (c)    The Commissioner shall monitor the program of each public body for self-inspection.    (d)    The penalties under Subtitle 8 of this title do not apply to a public body.
MD. Labor and Employment Code Ann. §  5-207 (2021)
2021 Maryland Statutes|Labor and Employment|Title 5 - Occupational Safety and Health|Subtitle 2 - Administration and Enforcement|Section 5-207 - Power of Attorney General

    On request of the Commissioner, the Attorney General may proceed in a State or federal court or before any other federal unit:         (1)    to enforce a decision of the Commissioner under this title;        (2)    subject to § 3-302 of the State Finance and Procurement Article, to collect a civil penalty that is assessed by order of the Commissioner under this title; or        (3)    to enforce any other order of the Commissioner under this title.
MD. Labor and Employment Code Ann. §  5-208 (2021)
2021 Maryland Statutes|Labor and Employment|Title 5 - Occupational Safety and Health|Subtitle 2 - Administration and Enforcement|Section 5-208 - Inspections

    (a)    The Commissioner or authorized representative of the Commissioner may enter a place of employment where work is performed, without delay at any reasonable time, to:        (1)    inspect the place of employment;        (2)    investigate all pertinent apparatus, conditions, devices, equipment, materials, and structures at the place of employment; and        (3)    question privately an agent, employee, or employer.    (b)    (1)    Subject to any regulation that the Commissioner adopts to carry out this title, a representative chosen by employees and a representative of the employer shall be given an opportunity to accompany the Commissioner or an authorized representative of the Commissioner during an inspection under this subtitle.        (2)    If there is no authorized employee representative, the Commissioner shall consult with a reasonable number of employees about safety and health in the place of employment.    (c)    (1)    Before or during an inspection, an employee or authorized representative of employees in a place of employment or authorized representative of the Commissioner may give the Commissioner written notice of any violation of this title that the employee or representative has reason to believe exists at the place of employment of the employee.        (2)    The Commissioner shall set, by regulation, procedures for informal review of any refusal to issue a citation on the basis of notice under this subsection.        (3)    If an employee or authorized representative of employees asks for informal review under this subsection, the Commissioner shall give the employee or representative a written statement of the reasons for the final disposition.
MD. Labor and Employment Code Ann. §  5-209 (2021)
2021 Maryland Statutes|Labor and Employment|Title 5 - Occupational Safety and Health|Subtitle 2 - Administration and Enforcement|Section 5-209 - Request for Inspection by or for Employee

    (a)    An employee or authorized representative of employees may request inspection of a place of employment if the employee or representative believes, in good faith, that:        (1)    there is imminent danger to an employee; or        (2)    due to a violation of an occupational safety and health standard, there is a threat of physical harm to an employee.    (b)    To request an inspection, an employee or representative shall sign and submit to the Commissioner or authorized representative of the Commissioner a written notice that describes, with reasonable particularity, the grounds for the notice.    (c)    On receipt of a notice made in accordance with this section, the Commissioner shall determine whether there are reasonable grounds to believe that imminent danger or a threat exists.    (d)    (1)    If the Commissioner determines that there are reasonable grounds, the Commissioner shall conduct an inspection as soon as practical to determine whether the danger or threat exists.        (2)    If the Commissioner determines that there are no reasonable grounds, the Commissioner shall give the person who submitted the request written notice of that determination.    (e)    (1)    Subject to paragraph (2) of this subsection, the Commissioner shall give the employer whose place of employment is to be inspected or an agent of the employer a copy of the notice that requested the inspection, no later than at the time of the inspection.        (2)    On request of the person who submits a notice, the name of the person and the name of each employee to whom the notice refers shall be omitted from the copy of the notice to be given to the employer and from each other record to be disclosed under this title.
MD. Labor and Employment Code Ann. §  5-210 (2021)
2021 Maryland Statutes|Labor and Employment|Title 5 - Occupational Safety and Health|Subtitle 2 - Administration and Enforcement|Section 5-210 - Notice Prohibiting Use of Apparatus

    (a)    In this section, “apparatus” means any apparatus, device, machinery, or mechanical equipment.    (b)    The Commissioner or an authorized representative of the Commissioner may prohibit use of any apparatus, if, after an inspection, the Commissioner or authorized representative of the Commissioner determines that:        (1)    the apparatus or part of the apparatus violates an occupational safety and health standard; and        (2)    there is a substantial probability that death or serious physical harm could result from continued use.    (c)    To prohibit use of any apparatus or part of any apparatus, the Commissioner or authorized representative of the Commissioner shall give an employer or the agent in charge of such operation written notice that prohibits use.    (d)    (1)    A copy of a notice under subsection (c) of this section:            (i)    shall be attached to the apparatus; and            (ii)    may not be removed until the apparatus is made safe and each required safeguard is provided.        (2)    Use of any apparatus is prohibited while a notice under this section is posted on the apparatus.    (e)    (1)    Any person aggrieved by a decision of the Commissioner under this section may bring an action to modify or vacate the decision on the ground that it is unlawful or unreasonable.        (2)    An action under this subsection shall be brought in the circuit court for the county where the place of employment is located.        (3)    In a proceeding under this subsection, a court may not stay an order of the Commissioner unless:            (i)    the court gives the Commissioner notice and an opportunity for a hearing; and            (ii)    the aggrieved person posts security or meets each other condition that the court considers proper.
MD. Labor and Employment Code Ann. §  5-211 (2021)
2021 Maryland Statutes|Labor and Employment|Title 5 - Occupational Safety and Health|Subtitle 2 - Administration and Enforcement|Section 5-211 - Administrative Search Warrant

    (a)    Whenever an individual who is authorized to inspect property in the State is denied access after the individual makes a proper request to the owner, lessee, or other person in charge of the property, the individual may apply to the District Court for an administrative search warrant under this section.    (b)    Each application under this section shall:        (1)    state the nature, purpose, and scope of the inspection; and        (2)    show that:            (i)    the applicant:                1.    is authorized by law to inspect the property to which access was denied; and                2.    requested access at a reasonable time;            (ii)    access was denied; and            (iii)    the inspection is for a purpose related to safety or health.    (c)    An application may not be submitted to the District Court unless approved by the Attorney General.    (d)    On application in accordance with this section, the District Court may issue an administrative search warrant.
MD. Labor and Employment Code Ann. §  5-212 (2021)
2021 Maryland Statutes|Labor and Employment|Title 5 - Occupational Safety and Health|Subtitle 2 - Administration and Enforcement|Section 5-212 - Citations

    (a)    (1)    Except as provided in paragraph (2) of this subsection, if after an inspection or investigation, the Commissioner or authorized representative of the Commissioner is of the opinion that an employer has violated a duty under this title or an order passed under this title or an occupational safety and health standard or other regulation adopted to carry out this title, the Commissioner or authorized representative shall issue a citation to the employer with reasonable promptness, not to exceed the earlier of 90 days from the date of the closing conference on the inspection or investigation or 6 months from the occurrence of the violation.        (2)    If the incident investigated by the Commissioner involves a fatality or serious physical harm, the Commissioner shall issue a citation with reasonable promptness, not to exceed 6 months from occurrence of the violation.        (3)    If an employer to whom a citation is issued is a unit of the State government, the Commissioner or authorized representative shall send a copy of the citation to the secretary of the principal department to which the unit is assigned or, if the unit is not part of a principal department, the head of the unit.    (b)    Each citation under this section shall:        (1)    be in writing;        (2)    describe, with particularity, the nature of the alleged violation;        (3)    reference the provision of this title, order, or occupational safety and health standard or other regulation that the employer is alleged to have violated; and        (4)    set a reasonable period for abatement and correction of the alleged violation.    (c)    In accordance with any regulation that the Commissioner adopts to carry out this title, an employer who is issued a citation shall post the citation or a copy of it conspicuously at or near each place where the citation alleges a violation occurred.    (d)    The Commissioner may establish, by regulation, procedures for issuance of a notice instead of a citation for a de minimis violation that has no direct or immediate relationship to safety or health.
MD. Labor and Employment Code Ann. §  5-213 (2021)
2021 Maryland Statutes|Labor and Employment|Title 5 - Occupational Safety and Health|Subtitle 2 - Administration and Enforcement|Section 5-213 - Enforcement of Citation

    (a)    Within a reasonable time after issuance of a citation under § 5-212 of this subtitle to an employer, the Commissioner shall send by certified mail to the employer a notice that:        (1)    states the civil penalty, if any, that the Commissioner proposes to assess under this title; and        (2)    informs the employer that, within 15 work days after receipt of the notice, the employer may submit to the Commissioner a written notice of contest on the citation or civil penalty.    (b)    A citation and any penalty that the Commissioner proposes to assess shall be considered a final order of the Commissioner unless:        (1)    within 15 work days after receipt of a notice under subsection (a) of this section the employer notifies the Commissioner of an intent to contest the citation or any penalty; or        (2)    within 15 work days after issuance of a citation, an employee or representative of an employee submits a written notice to the Commissioner that alleges that the period of time set in the citation for abatement of the violation is unreasonable.    (c)    (1)    An employer shall correct each violation for which the Commissioner issues a citation within the period set for correction in a final order under this subtitle.        (2)    If the request of an employer for a hearing is made in good faith and not solely to delay or avoid payment of a penalty, the period for correction begins on the day when the order passed as a result of the hearing becomes final.    (d)    If the Commissioner has reason to believe that an employer has failed to correct a violation within the time allowed, the Commissioner shall send by certified mail to the employer a notice that:        (1)    states that the employer has failed to correct the violation;        (2)    states the civil penalty, if any, that the Commissioner intends to assess under this title for the failure; and        (3)    informs the employer that, within 15 work days after receipt of the notice, the employer may submit to the Commissioner a notice of contest on the notice or civil penalty.    (e)    Unless an employer notifies the Commissioner of an intent to contest as provided in subsection (b) of this section, the notice, including any civil penalty, is a final order.