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Session Laws, 1970
Volume 695, Page 687   View pdf image
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Marvin Mandel, Governor                            687

Within two (2) days thereafter a copy of the petition shall be filed
with the public body authorizing the public work. The Commissioner,
upon notice to the petitioner, the public body authorizing the public
work, and the recognized collective bargaining representatives for
the particular classifications involved, and also to all persons entitled
to receive notice pursuant to subsection (a) of Section 98 hereof,
shall institute an investigation and hold a public hearing within
twenty (20) days after the filing of such petition. The Commissioner
at his discretion may hear each petition separately or consolidate
for hearing any two or more petitions. At the hearing the Com-
missioner shall introduce in evidence the investigation it instituted
and the other facts which were considered at the time of the original
determination which formed the basis for his determination. The
Commissioner or any interested parties thereafter may introduce
any evidence that is material to the issues. Within ten (10) days of
the conclusion of the hearing, the Commissioner shall make a deter-
mination and transmit it, in writing, to the public body and to the
interested parties. Such determination shall be final.

(b)   Upon receipt by the public body of the notice of the filing of
such petition, the public body awarding the contract shall extend
the closing date for the submission of bids until five (5) days after
the determination of the prevailing wage rates pursuant to this
section and the publication of such findings.

(c)  As to any matters of rate determination the applicable pro-
visions of Article 41, subtitle 24, of the Annotated Code of Maryland,
"Administrative Procedure Act," shall prevail.

100.

(c)  The Commissioner shall establish such regulations as may
reasonably be required to effectuate the purposes of the law includ-
ing exemptions for minimum number of hours worked or workers
employed and payroll records shall be maintained in accordance with
such regulations. The records required to be kept shall be open to
inspection by any authorized representative of the contracting public
body or the Commissioner at any reasonable time and as often as
necessary.

(d)  The contractor shall submit two complete copies of payroll
records and the payroll records of each of his subcontractors, in a
form prescribed by regulations established by the Commissioner,
one copy to be sent to the contracting public body, the other to the
Commissioner, where they will be available for inspection during
regular business hours. The contractor shall be responsible for the
submission of all subcontractors' payroll records covering work per-
formed directly at the work site. Each copy of the payroll records
shall be accompanied by a statement signed by the contractor or the
subcontractor, as the case may be, indicating that the payroll records
are correct, that the wage rates contained therein are not less than
those established by the Commissioner as set forth in the contract,
that the classification set forth for each workman or apprentice con-
forms with the work he performed, and that the contractor or the
subcontractor, as the case may be, has complied with the provisions
of this subtitle.

(e)  If the contractor is delinquent in submitting his or any of his
subcontractors' payroll records, processing of partial payment esti-


 

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Session Laws, 1970
Volume 695, Page 687   View pdf image
 Jump to  
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