Md. Code Regs. 21.11.13.11

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

Section 21.11.13.11 - Enforcement Procedures

A. The Secretary, or the Secretary's designee, may investigate whether State Finance and Procurement Article, Title 17, Subtitle 6A, Annotated Code of Maryland, has been violated:

(1) On the Secretary's, or the Secretary's designee, own initiative;

(2) On receipt of a written complaint; or

(3) On referral from another State agency.

B. The Secretary, or the Secretary's designee, may require a contractor, subcontractor, or registered apprenticeship program to produce records as part of its investigation.

C. The Secretary, or the Secretary's designee, may enter a place of business to:

(1) Interview individuals; or

(2) Review and copy records.

D. If after an investigation the Secretary, or the Secretary's designee, determines that there is a violation of State Finance and Procurement Article, Title 17, Subtitle 6A, Annotated Code of Maryland, or a regulation adopted to carry out the title, the Secretary 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 to be assessed, if any.

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

F. Within 30 days of the postmark of the administrative charge sent to the alleged violator, the alleged violator may submit a written request for a hearing on the administrative charge and proposed penalty.

G. If a hearing is not requested within 30 days of the postmark of the administrative charge sent to the alleged violator, the administrative charge, including any penalties, shall become a final order of the Secretary.

H. If there is a request for a hearing, the Secretary 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 Secretary unless, within 15 days of the issuance of the proposed decision:

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

(2) The alleged violator submits to the Secretary 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 Secretary shall issue an order that affirms, modifies, or vacates the proposed decision.

Md. Code Regs. 21.11.13.11

Regulation .11 adopted effective 47:26 Md. R. 1108, eff. 12/28/2020