688                                 Laws of Maryland                          Ch. 293

mates may be held in abeyance pending receipt of the payroll records.
In addition, if the contractor is delinquent in submitting his or any
of his subcontractors' payroll records, the contractor shall be liable
to the contracting public body for liquidated damages. The liquidated
damages shall constitute the sum of ten dollars ($10.00) for each
calendar day that the payroll records are late.

101.

(b) Following investigation as provided in subsection (a), if the
Commissioner determines that any of the provisions of this subtitle
may have been violated, the Commissioner shall immediately notify
the public body interested, which shall withhold any payment on
account thereof, due the contractor or the subcontractor construct-
ing said public works, sufficient moneys to satisfy said sums as may
be considered necessary (1) to pay the workmen and apprentices
employed by the contractor or any subcontractor the full amount
of wages required by the provisions of this subtitle; and (2) to
satisfy any liability of any contractor for liquidated damages as
provided herein, pending a final determination.

(d) Upon the entry and service of such order, the public body
interested shall pay to the workmen and apprentices the full amount
of wages due and shall satisfy the liquidated damages, as determined
by the Commissioner, from the moneys due the contractor or sub-
contractor. The Commissioner is hereby authorized and empowered
to make any and all rules and regulations from time to time, that
may be necessary to effectuate the purposes of this subtitle, includ-
ing, but not limited to, the authority to make a determination as to
the amount of restitution and the amount of liquidated damages to
be assessed for violations of the provisions of this subtitle. In no
event shall such determination of restitution preclude an employee
from instituting suit to recover any payments due him.

104.

(c) The Commissioner, after investigation, upon complaint, or
upon his own initiative, FOLLOWING INVESTIGATION AS PRO-
VIDED IN SECTION 101, THE COMMISSIONER shall file with
the Secretary of State a list of the contractors and subcontractors
whom it finds have PERSISTENTLY AND WILLFULLY violated
this subtitle and such contractors or subcontractors, or simulations
thereof, shall be prohibited from contracting directly or indirectly
with any public body for the construction of any public works or
from performing any work on the same as a contractor or subcon-
tractor for a period of three years ONE YEAR from the date the
list is filed with the Secretary of State. No public body shall award
a contract for a public works to any such contractor or subcon-
tractor, or simulations thereof, during the three ONE year period.
The filing of the list with the Secretary of State shall be notice to
all public bodies and their officers, officials, members, agents and
representatives.

105.

If it is found that a public body has not complied with any of
the terms of this subtitle, the Commissioner shall give notice thereof
in writing to the public body. Sufficient time may be allowed for