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 Commissionerís 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.