5553
PRINCE GEORGE'S COUNTY

SHALL HAVE THE RIGHT TO ISSUE SUBPOENAS, ADMINISTER
OATHS, AND EXAMINE WITNESSES. THE HEARING SHALL BE
EXPEDITIOUSLY CONDUCTED, AND UPON SUCH HEARING, THE BOARD
SHALL DETERMINE THE ISSUES THEREON AND SHALL MAKE AND
FILE AN ORDER IN ITS OFFICE STATING SUCH DETERMINATION
AND FORTHWITH SERVE A COPY OF SUCH ORDER, TOGETHER WITH
NOTICE OF FILING, UPON THE PUBLIC BODY INTERESTED, AND
THE PARTIES TO SUCH PROCEEDING, EITHER PERSONALLY OR BY
MAIL.

(E)    NOTWITHSTANDING ANY OTHER PROVISION TO THE
CONTRARY HEREIN, THE BOARD SHALL HAVE THE AUTHORITY TO
MAKE THE FINAL DETERMINATION AS TO THE AMOUNT OF
RESTITUTION AND MAY ASSESS LIQUIDATED DAMAGES FOR
VIOLATIONS OF THE PROVISIONS OF THIS ACT IF IT DEEMS
PROPER TO DO SO UNDER THE CIRCUMSTANCES. IN ASSESSING
LIQUIDATED DAMAGES, THE BOARD SHALL CONSIDER THE
EMPLOYERS REASONS FOR VIOLATION.

(1)       WHERE THE VIOLATION WAS DUE TO
INDIFFERENCE, POOR BOOKKEEPING PRACTICES, NONFEASANCE OR
NEGLIGENCE, THE BOARD SHALL ASSESS THE MAXIMUM ASSESSMENT
PROVIDED THEREFORE IN THIS ACT.

(2)     WHERE THE EMPLOYER ASSERTS, PRIOR TO OR
WITHIN 5 WORKING DAYS AFTER NOTICE OF VIOLATION, A
REASONABLE LEGAL BASIS FOR HIS POSITION, THE BOARD SHALL
NOT ASSESS ANY DAMAGES.

(3)    IN ALL OTHER CASES, THE BOARD SHALL
WEIGH THE REASONS AND LEGAL ARGUMENTS ADVANCED BY THE
EMPLOYER AND ASSESS THE DAMAGES IN ACCORDANCE TO THE
DEGREE OF JUSTIFICATION GIVEN FOR THE VIOLATION.

(F)    UPON THE ENTRY AND SERVICE OF THE BOARD ORDER,
THE PUBLIC BODY SHALL PAY TO THE WORKMEN AND APPRENTICES
THE FULL AMOUNT OF WAGES DUE AND SHALL SATISFY THE
LIQUIDATED DAMAGES, AS DETERMINED BY THE BOARD, FROM THE
MONIES DUE THE CONTRACTOR AND SUB-CONTRACTOR.

(G)    IT SHALL BE LAWFUL FOR ANY CONTRACTOR TO
WITHHOLD FROM ANY SUB-CONTRACTOR UNDER HIM SUFFICIENT
SUMS TO COVER ANY AMOUNTS OF MONEY WITHHELD FROM HIM
PURSUANT TO THIS SECTION BY THE AWARDING BODY ON ACCOUNT
OF SAID SUB-CONTRACTOR'S FAILURE TO COMPLY WITH THE
PROVISIONS OF THIS ACT, AND IF PAYMENT HAS ALREADY BEEN
MADE TO HIM, THE CONTRACTOR MAY RECOVER SAID SUMS FROM
HIM IN A SUIT AT LAW.

(H) FOLLOWING INVESTIGATION AS PROVIDED HEREIN,
THE BOARD SHALL FILE WITH THE DIRECTOR OF PUBLIC WORKS A
LIST OF THE CONTRACTORS AND SUB-CONTRACTORS WHOM IT FINDS
HAVE WILLFULLY VIOLATED THIS ACT, AND SUCH CONTRACTORS OR
SUB-CONTRACTORS SHALL BE PROHIBITED FROM CONTRACTING