Sec. 03.03.05.06-1. Below Cost Compliance Verification

A. To determine compliance with Business Regulation Article, §10-304.1, Annotated Code of Maryland, the Comptroller shall inspect the documents specified in Regulation .06A(1) of this chapter at the site of the registered location about which the complaint was made. If the information required in Regulation .06 of this chapter is not immediately available upon request, the Comptroller shall promptly determine the:

(1) Product cost by type of motor fuel as specified in Business Regulation Article, §10-301(d)(1), Annotated Code of Maryland; and

(2) Freight charges referenced in Business Regulation Article, §10-301(d)(2), Annotated Code of Maryland, at the rate of 3 cents per gallon.

B. If product cost and freight charges are determined in accordance with §A(1) and (2) of this regulation, and the price computed is not lower than the selling price, the retailer shall immediately adjust the current retail price of motor fuel so that it is not below the cost computed under §A(1) and (2) of this regulation.

C. If required documents become available to review at the site during the inspection or are provided to the Comptroller within 3 business days from the date of inspection, and if the documents are determined by the Comptroller to be acceptable and show that the price computed is lower than or equal to the selling price, a violation may not be determined to have occurred and the Comptroller shall authorize appropriate price adjustments.