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<section article="gle" article_name="Labor and Employment" number="3-905" title_number="3" title_name="Employment Standards and Conditions" subtitle_number="9" subtitle_name="Workplace Fraud">
  <level label="a">
    <text>The Commissioner shall investigate as necessary to determine compliance with this subtitle and regulations adopted under this subtitle.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>Any written or oral complaint or statement made by a person as part of an investigation under this section is confidential and may not be disclosed without the consent of the person until the investigation is concluded and a citation is issued.</text>
    </level>
    <level label="2">
      <text>Any written or oral statement made by an individual alleged to be employed by the respondent as part of an investigation under this section is confidential and may not be disclosed without the consent of the individual.</text>
    </level>
  </level>
  <level label="c">
    <text>The Commissioner may enter a place of business or work site to:</text>
    <level label="1">
      <text>observe work being performed;</text>
    </level>
    <level label="2">
      <text>interview individuals on the work site, including those identified as employees and independent contractors; and</text>
    </level>
    <level label="3">
      <text>review and copy records.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>The Commissioner may require each employer to:</text>
      <level label="i">
        <text>subject to paragraph (2) of this subsection, identify and produce for copying or inspection all records relevant to the classification of each individual;</text>
      </level>
      <level label="ii">
        <text>attest to the truthfulness of each record that is copied in accordance with subsection (c)(3) of this section or each copy of a record that is provided to the Commissioner under item (i) of this paragraph and to sign the copy; or</text>
      </level>
      <level label="iii">
        <text>at the option of the employer, submit a written statement about the classification of each employee on the form provided by the Commissioner, with any relevant records attached.</text>
      </level>
    </level>
    <level label="2">
      <text>An employer may comply with a requirement to produce records under paragraph (1)(i) of this subsection by producing copies of the records.</text>
    </level>
  </level>
  <level label="e">
    <text>An employer that fails to produce records for copying or inspection or a written statement under subsection (d) of this section within 30 business days after the Commissioner’s request, or an extension of time mutually agreed on by both parties, shall be subject to a fine not exceeding $500 per day for each day the records are not produced.</text>
  </level>
  <level label="f">
    <level label="1">
      <text>The Commissioner may issue a subpoena for testimony and the production of records.</text>
    </level>
    <level label="2">
      <text>If a person fails to comply with a subpoena issued under this subsection, the Commissioner may file a complaint in the circuit court for the county where the person resides, is employed, or has a place of business, requesting an order directing compliance with the subpoena.</text>
    </level>
  </level>
</section>
