Code of Maryland Regulations
Title 21 - STATE PROCUREMENT REGULATIONS
Subtitle 11 - SOCIOECONOMIC POLICIES
Chapter 21.11.13 - State Apprenticeship Training Fund-Capital Construction Projects
Section 21.11.13.11 - Enforcement Procedures

Universal Citation: MD Code Reg 21.11.13.11

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

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.

Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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