2013 Maryland Code
STATE FINANCE AND PROCUREMENT
§ 18-107 - Complaints and hearing procedure.

§18-107.

(a) Within 30 days after a complaint is filed, the Commissioner shall investigate the complaint in accordance with this title.

(b) A written or oral complaint or statement made by an employee under this title is confidential and may not be disclosed to the employer without the consent of the employee.

(c) An employer subject to this title shall allow the Commissioner or the Commissioner’s designee access to a work site and payroll records, and allow an opportunity to interview employees for purposes of enforcing this title.

(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.