(a) If after an inspection or investigation the Commissioner issues a citation under section 38(a) of this chapter, he shall, within a reasonable time after the termination of the inspection or investigation, notify the public-sector employer by certified-mail of the proposed citation, and that the employer has fifteen working days within which to notify the Commissioner that he wishes to contest the citation, and if, within fifteen working days from the receipt of the notice issued by the Commissioner the employer fails to notify the Commissioner that he intends to contest the citation or proposed assessment of penalty, and no notice is filed by any employee or representative of employees under subsection (c) within such time, the citation and the assessment, as proposed, must be deemed a final order of the Commission and not subject to review by any court or agency.
(b) If the Commissioner has reason to believe that a public sector employer has failed to correct a violation for which a citation has been issued within the period permitted for its correction, which period does not begin to run until the entry of a final order by the Commissioner in the case of any review proceedings under this section initiated by the public-sector employer in good faith and not solely for delay or avoidance of penalties, the Commissioner shall notify the public-sector employer by certified mail of such failure and of the penalty proposed to be assessed under section 44 by reason of such failure, and that the public sector employer has fifteen working days within which to notify the Commissioner that he wishes to contest the Commissioner's notification or the proposed assessment of penalty. If, within fifteen working days from the receipt of notification issued by the Commissioner, the public sector employer fails to notify the Commissioner that he intends to contest the notification or proposed assessment of penalty, the notification and assessment, as proposed, shall be deemed a final order of the Commissioner and not subject to review by any court.
(c) If the public sector employer notifies the Commissioner that he intends to contest a citation issued under section 38 or notification issued under subsection (a) or (b) of this section, or if within fifteen working days of the issuance of a citation under section 38(a), 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 a hearing examiner of such notification, and the hearing examiner shall afford an opportunity for a hearing. The hearing examiner shall thereafter issue an order, based on finding of facts and conclusions of law affirming, modifying or vacating the Commissioner's citation or proposed penalty, or directing other appropriate relief, and such order shall become final thirty days after its issuance, except as provided in section 41(b). Upon a showing by a public sector employer of a good faith effort to comply with the abatement requirement in of [sic] a citation, and that abatement has not been completed because of factors beyond his reasonable control, the Commissioner, after an opportunity for a hearing as provided in this subsection, shall issue an order affirming or modifying the abatement requirement such citation. The rules of procedure prescribed by the Commissioner shall provide affected public sector employees or representatives of employees an opportunity to participate as parties to hearing under this subsection.
(d) If, after following all the procedures allowed under this act, the Commissioner finds that a public sector employer continues to disregard his responsibility under this act, the Commissioner may submit copies of the citation issued under section 38 to the Governor for further action to achieve compliance.