ROBERT L. EHRLICH, JR., Governor                            S.B. 621

(D)     (1) WITHIN 30 DAYS AFTER COMPLETING AN INVESTIGATION, THE
COMMISSIONER SHALL ISSUE AN ORDER FOR A HEARING.

(2)      WITHIN 30 DAYS BEFORE THE HEARING, THE COMMISSIONER SHALL
SERVE, PERSONALLY OR BY MAIL, WRITTEN NOTICE OF THE HEARING ON ALL
INTERESTED PARTIES.

(3)      THE NOTICE SHALL INCLUDE:

(I)      A STATEMENT OF FACTS DISCLOSED IN THE INVESTIGATION;
AND

(II)     THE TIME AND PLACE OF THE HEARING.

(4)      IN CONDUCTING A HEARING, THE COMMISSIONER MAY:

(I)      SUBPOENA WITNESSES;

(II)     ADMINISTER OATHS; AND

(III)   COMPEL THE PRODUCTION OF RECORDS, BOOKS, PAPERS, AND
OTHER EVIDENCE.

(E)     (1) WITHIN 30 DAYS AFTER THE CONCLUSION OF THE HEARING, THE
COMMISSIONER SHALL:

(I)      ISSUE A DETERMINATION; AND

(II)     SERVE, PERSONALLY OR BY MAIL, EACH INTERESTED PARTY
WITH A COPY OF THE DETERMINATION.

(2)      IF THE COMMISSIONER FINDS A VIOLATION OF THIS TITLE, THE
COMMISSIONER SHALL DETERMINE THE AMOUNT OF RESTITUTION AND
LIQUIDATED DAMAGES TO BE ASSESSED UNDER § 18-108 OF THIS TITLE.

(3)      ON RECEIPT OF THE DETERMINATION, THE EMPLOYER SHALL PAY
THE AFFECTED EMPLOYEES THE AMOUNT DUE IN ACCORDANCE WITH THE
COMMISSIONER'S DETERMINATION.

18-108.

IF THE COMMISSIONER DETERMINES THAT THE EMPLOYER VIOLATED A
PROVISION OF THIS TITLE OR REGULATIONS OF THE COMMISSIONER, THE
EMPLOYER SHALL:

(1)      PAY RESTITUTION TO EACH AFFECTED EMPLOYEE; AND

(2)      PAY TO THE STATE LIQUIDATED DAMAGES OF $20 PER DAY FOR EACH
EMPLOYEE WHO IS WAS PAID LESS THAN THE HOURLY RATE REQUIRED UNDER THIS
TITLE.

18-109.

(A) (1) IF AN EMPLOYEE IS WAS PAID LESS THAN THE WAGE RATE
REQUIRED UNDER THIS TITLE, OR IF AN EMPLOYER RETALIATES AGAINST THE

- 2841 -