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

   1. (1) On the Commissioner’s own initiative;
   2. (2) On receipt of a written complaint; or
   3. (3) On referral from another State agency.
2. B. The Commissioner may require a contractor, subcontractor, or an approved apprenticeship program to produce records as part of its investigation.

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

   1. (1) Interview individuals; or
   2. (2) Review and copy records.

4. 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. (1) Describe in detail the nature of the alleged violation;
   2. (2) Cite the provision of law or regulation that is alleged to have been violated; and
   3. (3) State the penalty, if any.
5. 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.
6. 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.
7. G. If a hearing is not requested within 15 days, the administrative charge, including any penalties, shall become a final order of the Commissioner.
8. 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.

9. 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. (1) The Commissioner orders review of the proposed decision; or
   2. (2) The alleged violator submits to the Commissioner a written request for review of the proposed decision.
10. 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

Authority: State Finance and Procurement Article, §§17-603—17-606, Annotated Code of Maryland

Effective date: July 1, 2013 (40:8 Md. R. 724)