3426

LAWS OF MARYLAND

Ch. 840

(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 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 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.

(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 subcontractor. The Commissioner is hereby
authorized and empowered to make any and all rules and
regulations from time to time, that may be necessary to