<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".11" citation="COMAR 21.11.13.11" title_num="21" subtitle_num="11" chapter_num="13" heading="Enforcement Procedures.">
  <paragraph num="A.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>On the Secretary’s, or the Secretary’s designee, own initiative;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>On receipt of a written complaint; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>On referral from another State agency.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The Secretary, or the Secretary’s designee, may require a contractor, subcontractor, or registered apprenticeship program to produce records as part of its investigation.</text>
  </paragraph>
  <paragraph num="C.">
    <text>The Secretary, or the Secretary’s designee, may enter a place of business to:</text>
    <paragraph num="(1)">
      <text>Interview individuals; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Review and copy records.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Describe in detail the nature of the alleged violation;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Cite the provision of law or regulation that is alleged to have been violated; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>State the penalty to be assessed, if any.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>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.</text>
  </paragraph>
  <paragraph num="F.">
    <text>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.</text>
  </paragraph>
  <paragraph num="G.">
    <text>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.</text>
  </paragraph>
  <paragraph num="H.">
    <text>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.</text>
  </paragraph>
  <paragraph num="I.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>The Secretary orders review of the proposed decision; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The alleged violator submits to the Secretary a written request for review of the proposed decision.</text>
    </paragraph>
  </paragraph>
  <paragraph num="J.">
    <text>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.</text>
  </paragraph>
</regulation>