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Session Laws, 1980
Volume 739, Page 2705   View pdf image
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HARRY HUGHES, Governor

2705

[ten dollars ($10.00)] $10 for each calendar day that the
payroll records are late.

[101.] 8-507.

(a)  The Commissioner shall cause investigations to be
made as may be necessary to determine whether there has been
compliance with provisions of this subtitle and the
regulations promulgated thereunder. Contractors and
subcontractors on public works shall permit representatives
of the Commissioner to observe work being performed upon the
work site, to interview employees, and to review the books
and records on the project being investigated to determine
the correctness of classifications, ratios of apprentices to
mechanics, and payment of proper regular and overtime wage
rates as required. Complaints of alleged violations shall
be investigated promptly and statements, written or oral,
made by an employee shall be treated as confidential and
shall not be disclosed to his employer without the consent
of the employee.

(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
constructing 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.

(c)  Within [thirty (30)] 30 days after an
investigation has been completed, the Commissioner shall
order a hearing thereon at a time and place to be specified
and shall give notice thereof, together with a statement of
the facts disclosed upon such investigation, which notice
shall be served personally or by mail on all interested
persons, including the interested public body. Every
interested person shall have an opportunity to be heard in
respect to the matters complained of, at the time and place
specified in such notice, which time shall not be less than
[ten (10)] 10 days from service of the notice. The
Commissioner in such an investigation and hearing shall be
deemed to be acting in a judicial capacity and shall have
the right to issue subpoenas, administer oaths, and examine
witnesses. The investigation and hearing shall be
expeditiously conducted, and upon such hearing and
investigation, the Commissioner shall determine the issues
thereon and shall make and file an order in his 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.

 

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Session Laws, 1980
Volume 739, Page 2705   View pdf image
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