Section 3-414 - Individuals with disabilities. - Maryland Statutes

§ 3-414. Individuals with disabilities.
 

(a)  "Federal certificate" defined.- In this section, "federal certificate" means a certificate that the United States Department of Labor issues to a work activities center or other sheltered workshop to allow the workshop to pay an individual less than the wage otherwise required for that individual under the federal Act. 

(b)  Scope of section.- This section does not apply to a blind individual who works in a sheltered workshop of Blind Industries and Services of Maryland. 

(c)  Authority to waive minimum wage.- Subject to the limitations in this section, the Commissioner may authorize a work activities center or other sheltered workshop to pay a mentally or physically disabled employee of the workshop less than the minimum wage otherwise required under this subtitle for the employee. 

(d)  Grant of authority.-  

(1) To authorize a work activities center or other sheltered workshop to pay less than the minimum wage, the Commissioner shall: 

(i) issue a State certificate that sets wages for employees of the workshop; 

(ii) accept a federal certificate for the workshop; or 

(iii) grant an exception for the workshop but only if: 

1. the Commissioner has not issued a State certificate for the workshop; 

2. the workshop is not eligible for a federal certificate; and 

3. the Commissioner investigates and holds a hearing on the exception. 

(2) The Commissioner shall accept a federal certificate if a work activities center or other sheltered workshop submits that certificate to the Commissioner within 10 days after the workshop receives the certificate. 

(e)  Term of certificate.-  

(1) Each certificate that the Commissioner issues under this section shall state the period for which the certificate is in effect. 

(2) The acceptance of a federal certificate does not apply automatically to an individual whom a work activities center or other sheltered workshop continues to employ after the individual completes a training program that the workshop runs. 

(f)  Revocation of acceptance.-  

(1) The Commissioner may revoke acceptance of a federal certificate if: 

(i) the United States Department of Labor revokes the federal certificate; or 

(ii) at any time before revocation by the Department of Labor and after an investigation and hearing, the Commissioner finds good cause to revoke the acceptance. 

(2) The Commissioner shall send notice of a hearing under this subsection, by certified mail, to the holder of the federal certificate at least 30 days before the hearing. 
 

[An. Code 1957, art. 100, § 85; 1991, ch. 8, § 2; 1996, ch. 10, § 1.]