There is hereby created and established the Wage Commission of Baltimore City, with the membership, powers, and duties as in this Division I provided, which shall be responsible for the administration and proper operation of the minimum wage law. City Code, 1966, art. 19, §54(a) 1976/83, art. 19, §62(a) Ord. 64-370 Ord. 78-778

The Commission comprises 5 persons of integrity and experience, who shall be appointed by the Mayor subject to the approval of the City Council. If a vacancy occurs on the Commission, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled. Each member of the Commission, within 10 days after appointment, shall take an oath of office that so far as it devolves upon him or her, she or he will diligently and honestly administer the affairs of the Commission, and the oath shall be subscribed to by the member making it and certified by the Mayor before whom it is taken. The Commission members shall serve without compensation, but shall be reimbursed for all expenses necessarily incurred. City Code, 1966, art. 19, §54(b) 1976/83, art. 19, §62(b) Ord. 370, 1964-65 Ord. 67-1219 Ord. 99-526

Each member of the Commission shall be entitled to 1 vote. A majority of said Commission shall constitute a quorum for the transaction of any business, the exercise of any power in the performance of any duty authorized or imposed by this Division I. City Code, 1966, art. 19, §54(c) 1976/83, art. 19, §62(c) Ord. 64-370

The Mayor shall designate 1 member of the Commission as its chairman. The Commission shall, by a majority vote of all its members, appoint an executive director. It shall employ such other persons as may be required to administer effectively the provisions of this Division I. Compensation of all persons so employed by the Commission and all other necessary expenses of the Commission shall be paid at such rates and in such amounts as the Board of Estimates shall approve and in accordance with the appropriations in the annual Ordinance of Estimates. City Code, 1966, art. 19, §54(d) 1976/83, art. 19, §62(d) Ord. 64-370

The Commission is authorized to and shall have the power to: formulate and carry out a comprehensive educational and action program designed to eliminate the payment of substandard wages to employees in the City of Baltimore; receive, investigate, and take action as herein provided on all complaints of payment of less than the minimum wage required by this Division I; conduct such investigations on its own initiative as it deems proper to effectuate the purposes of this Division I; monitor and assist in the fulfillment of any agreements negotiated with employers to effect their compliance with this Division I; make appropriate findings as a result of any of its investigations; and in carrying out its powers and duties, inspect payroll records of any business without prior notice. City Code, 1966, art. 19, §55(1) - (3) 1976/83, art. 19, § 63(1) - (3), (7) Ord. 64-370 Ord. 66-739 Ord. 67-1219 Ord. 70-798 Ord. 90-601

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Commission is authorized to and shall have the power to adopt such rules and regulations as it may deem necessary to:effect compliance with this Division I; govern its procedures; and execute the duties and responsibilities imposed on it herein. Such rules and regulations may include, but are not limited to:those further defining:persons engaged in voluntary service to a nonprofit organization; persons employed in a bona fide executive, supervisory, or professional capacity; persons employed by any member of their immediate family; and persons compensated upon a commission basis; and those:establishing deductions in allowance for the reasonable value of uniforms, board, lodging, or other facilities, items, or services supplied by the employer; defining students and employees customarily receiving tips; and defining handicapped persons, for the purposes of <cite data-path="|11|§3-2">§ 3-2 of this Division I</cite>. City Code, 1966, art. 19, §55(4) 1976/83, art. 19, §63(4) Ord. 64-370 Ord. 66-739 Ord. 67-1219 Ord. 70-798 Ord. 78-778 Text Conformed 02/18/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.