Code of Maryland Regulations
Title 21 - STATE PROCUREMENT REGULATIONS
Subtitle 11 - SOCIOECONOMIC POLICIES
Chapter 21.11.12 - State Apprenticeship and Training Fund
Section 21.11.12.09 - Enforcement Procedures

Universal Citation: MD Code Reg 21.11.12.09

Current through Register Vol. 51, No. 19, September 20, 2024

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.

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