1. 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. (1) On the Secretary’s, or the Secretary’s designee, own initiative;
   2. (2) On receipt of a written complaint; or
   3. (3) On referral from another State agency.
2. 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.

3. C. The Secretary, or the Secretary’s designee, 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 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. (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 to be assessed, if any.
5. 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.
6. 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.
7. 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.
8. 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.

9. 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. (1) The Secretary orders review of the proposed decision; or
   2. (2) The alleged violator submits to the Secretary 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 Secretary shall issue an order that affirms, modifies, or vacates the proposed decision.

Authority: State Finance and Procurement Article, §§17-6A-01—17-6A-06, Annotated Code of Maryland

Regulations .01—.10 recodified from COMAR 21.11.13 to COMAR 21.11.14 effective December 28, 2020 (47:26 Md. R. 1108)

Regulations .01—.11 adopted effective December 28, 2020 (47:26 Md. R. 1108)