Any person claiming to be aggrieved by an alleged payment of a wage of a lesser amount than required by this Division I may, by himself or his attorney, within 1 year after the occurrence of the alleged unlawful act, make, sign, and file with the Commission a complaint in writing, under oath. The complaint shall state the name and address of the employer alleged to have paid the unlawful wage (hereinafter referred to as the respondent) and the particulars thereof, and contain such other information as may be required by the Commission. City Code, 1966, art. 19, §56(a)(1st, 2nd sens.) 1976/83, art. 19, §70(a)(1st, 2nd sens.) Ord. 64-370 Ord. 66-739

The Commission shall have the right, acting upon its own initiative and without any complaint from an employee, to file a complaint against an employer whenever the Commission has reasonable cause to believe that such employer is or has been in violation of the provisions of this Division I. City Code, 1966, art. 19, §56(a)(3rd sen.) 1976/83, art. 19, §70(a)(3rd sen.) Ord. 64-370 Ord. 66-739

After the filing of any such complaint, either by a person claiming to be aggrieved as set forth in § 4-1 or by the Commission, the Commission shall: investigate the facts alleged therein; and make a finding of probable cause for the said complaint or lack of it. City Code, 1966, art. 19, §56(b)(1st sen.) 1976/83, art. 19, §70(b)(1st sen.) Ord. 64-370 Ord. 66-739

In enforcing this Division I, the Commission may:issue subpoenas to compel the attendance and testimony of witnesses and the production of books, papers, records, and documents relating to payroll records, or necessary for hearings, investigations, or proceedings; and administer oaths, subject to the penalties for perjury, to all witnesses. Any such subpoena shall be served by:the Sheriff of Baltimore City or any of his deputies; or any other person authorized by the Maryland Rules of Procedure to effectuate in personam service. In case of disobedience to a subpoena, the Commission may apply to a court of appropriate jurisdiction for an order requiring the attendance and testimony of witnesses and the production of books, papers, records, and documents. Said court, in case of contumacy or refusal to obey any such subpoena, after notice to the person subpoenaed, and upon finding that the attendance or testimony of such witnesses or the production of such books, papers, records, and documents, as the case may be, is relevant or necessary for such hearings, investigations, or proceedings of the Commission, may issue an order requiring the attendance and testimony of such witnesses and the production of such books, papers, records, and documents, or any of them. Any failure to obey such order of the court may be punished by the court as contempt thereof. City Code, 1966, art. 19, §55(5) 1976/83, art. 19, §63(5) Ord. 64-370 Ord. 66-739 Ord. 67-1219 Ord. 90-601 Ord. 04-672

If the finding of the Commission is that the complaint lacks probable cause, then it shall dismiss said complaint and mail copies of its finding to respondent and complainant. City Code, 1966, art. 19, §56(b)(2nd sen.) 1976/83, art. 19, §70(b)(2nd sen.) Ord. 64-370 Ord. 66-739

If the Commission finds probable cause for the complaint, the Commission shall attempt, by means of conference, to:persuade respondent to cease and desist its illegal action; commence paying complainant such lawful wages as are required by this Division I; and reimburse complainant for the difference between what he had been receiving as wages and what he should have lawfully received. Any such agreement reached between respondent and the Commission shall be reduced to writing and a copy thereof furnished to complainant and respondent. City Code, 1966, art. 19, §56(b)(3rd, 4th sens.) 1976/83, art. 19, §70(b)(3rd, 4th sens.) Ord. 64-370 Ord. 66-739

If:the Commission and the respondent shall fail to reach agreement, or the respondent shall fail to meet his obligations under such agreement:within 30 days thereof, or within such other time as may be specified therein, require the payment of all wages due the respondent’s employees hereunder, and direct the cessation of all practices by the respondent which are contrary to the provisions of this Division I and/or rules and regulations of the Commission. A copy of such order shall be furnished the respondent by registered mail within 3 days of its passage. City Code, 1966, art. 19, §56(c) 1976/83, art. 19, §70(c) Ord. 64-370 Ord. 66-739

A respondent aggrieved by an order of the Commission under this Division I may seek judicial review of that order by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. City Code, 1976/83, art. 19, §70(d)(2nd sen.) Ord. 70-798 Ord. 04-672 Ord. 19-332

If, within 30 days of the passage of such order, the respondent shall have failed to comply therewith, the Wage Commission may certify such proceedings to the City Solicitor and request that he petition the Circuit Court of Baltimore City to enforce the said order and direct payment to the aggrieved employee. City Code, 1976/83, art. 19, §70(d)(1st sen.) Ord. 70-798 Ord. 78-778

The records of the Commission in any proceeding or investigation made pursuant to the provisions of this Division I shall be kept confidential to the extent that they disclose the payroll of any employer, except for the use of a complainant employee or other public agency. Neither the Commission nor any of its employees may be compelled in any hearing before the Commission or other administrative proceeding, to disclose the identity of any person filing a complaint with the Commission under the provisions of this Division I. The Commission shall, however, have the right in its sole discretion to make such disclosure in any instance where the Commission deems it appropriate to do so. City Code, 1966, art. 19, §55(6) 1976/83, art. 19, §§63(6), 68(a)(3) Ord. 64-370 Ord. 66-739 Ord. 67-1219 Ord. 70-798 Ord. 75-969 Ord. 78-778 Ord. 90-601

Any sums recovered by the Wage Commission for Baltimore City and not paid to the employee because of inability to locate said employee within a period of 1 year shall be paid into the Treasury of the City of Baltimore. City Code, 1976/83, art. 19, §70A(d)(2) Ord. 90-601