Md. Code Regs. 21.11.12.09

Current through Register Vol. 51, No. 18, September 6, 2024

Section 21.11.12.09 - Enforcement Procedures

A. The Commissioner may investigate whether State Finance and Procurement Article, Title 17, Subtitle 6, Annotated Code of Maryland, has been violated:

(1) On the Commissioner's own initiative;

(2) On receipt of a written complaint; or

(3) On referral from another State agency.

B. The Commissioner may require a contractor, subcontractor, or an approved apprenticeship program to produce records as part of its investigation.

C. The Commissioner may enter a place of business to:

(1) Interview individuals; or

(2) Review and copy records.

D. If after an investigation, the Commissioner determines that there is a violation of State Finance and Procurement Article, Title 17, Subtitle 6, Annotated Code of Maryland, or a regulation adopted to carry out the title, the Commissioner shall issue an administrative charge that shall:

(1) Describe in detail the nature of the alleged violation;

(2) Cite the provision of law or regulation that is alleged to have been violated; and

(3) State the penalty, if any.

E. Within a reasonable amount of time after the issuance of the administrative charge, the Commissioner shall send a copy of the administrative charge to the alleged violator by certified mail with notice of the opportunity to request a hearing.

F. Within 15 days after the alleged violator receives the administrative charge, the employer may submit a written request for a hearing on the administrative charge and proposed penalty.

G. If a hearing is not requested within 15 days, the administrative charge, including any penalties, shall become a final order of the Commissioner.

H. If there is a request for a hearing, the Commissioner may delegate the hearing to the Office of Administrative Hearings in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

I. A proposed decision of an administrative law judge shall become a final order of the Commissioner unless, within 15 days of the issuance of the proposed decision:

(1) The Commissioner orders review of the proposed decision; or

(2) The alleged violator submits to the Commissioner a written request for review of the proposed decision.

J. After review of the proposed decision under §I of this regulation, with or without a hearing on the record, the Commissioner shall issue an order that affirms, modifies, or vacates the proposed decision.

Md. Code Regs. 21.11.12.09

Regulation .09 effective July 1, 2013 (40:8 Md. R. 724)