Sec. 21.11.11.06. Rules of Procedure for Hearings

A. This regulation supplements the requirements of the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 09.01.02 and 09.01.03.

B. The hearing officer shall be the Commissioner of Labor and Industry, or the Commissioner's designee.

C. The hearing officer may:

(1) Administer oaths and affirmations;

(2) Rule on procedural matters and offers of proof and receive relevant evidence;

(3) Regulate the course of the hearing and the conduct of the parties and their counsel;

(4) Examine any witness;

(5) Issue subpoenas; and

(6) Take any other appropriate action authorized by statute or regulation.

D. Hearing Procedure.

(1) The hearing officer shall:

(a) Call the title of the case;

(b) Explain briefly the purpose and nature of the hearing;

(c) Recite any charges, complaints, or other matters involved; and

(d) Administer the oath to all persons who are summoned or who intend to testify.

(2) Counsel or any party may be heard on any preliminary matter, exception, or motion, and any stipulation entered into by the parties shall be received.

(3) The following exhibits shall be introduced:

(a) If the hearing officer is the Commissioner's designee, a copy of the letter designating the hearing officer to preside at the hearing;

(b) If the hearing involves a petition for review:

(i) A copy of the verified petition filed with the Commissioner;

(ii) A copy of the notice of hearing sent to each party entitled to receive notice pursuant to State Finance and Procurement Article §17-211, Annotated Code of Maryland

(iii) A copy of the protested prevailing wage determination;

(iv) Information considered in making the wage rate determination;

(v) Wage data or collective bargaining agreements submitted by the petitioner that were not produced prior to the original wage rate determination, upon a showing of good cause why such evidence was not produced in a timely manner;

(vi) Recent wage data or wage rates from collective bargaining agreements submitted by the petitioner that became available or effective after the date of the original wage rate determination and before the date of the hearing; and

(vii) Information obtained by the Commissioner as a result of subsequent investigations pursuant to State Finance and Procurement Article, §17-211, Annotated Code of Maryland;

(c) If the hearing concerns the applicability of the Prevailing Wage Subtitle, State Finance and Procurement Article, Annotated Code of Maryland, to a project:

(i) A copy of the request for determination filed with the Commissioner;

(ii) A copy of the notice of hearing sent to the petitioner, the contracting public body, the recognized collective bargaining agent for the particular classification of workers involved, and each person entitled to receive notice pursuant to State Finance and Procurement Article, §17-221, Annotated Code of Maryland; and

(iii) Information obtained by the Commissioner as a result of a subsequent investigation pursuant to State Finance and Procurement Article, §17-221, Annotated Code of Maryland;

(d) If the hearing involves an alleged violation of the Prevailing Wage Subtitle, State Finance and Procurement Article, §§17-201-17-226, Annotated Code of Maryland:

(i) A copy of the notice of hearing sent to the contracting public body, the recognized collective bargaining agent for the particular workers involved, and to each person entitled to notice pursuant to State Finance and Procurement Article, §17-221, Annotated Code of Maryland, and

(ii) Information obtained by the Commissioner as a result of the subsequent investigation pursuant to State Finance and Procurement Article, §17-221, Annotated Code of Maryland.

(4) The Assistant Attorney General shall proceed first and shall present evidence of any investigation made by the Commissioner of Labor and Industry.

(5) Subject to applicable statutes and rules governing the practice of law, each party or counsel representing a party may:

(a) Call witnesses;

(b) Offer evidence, including rebuttal evidence;

(c) Cross-examine any witness that another party or the agency calls; and

(d) Present summation and argument.

E. Determination of Hearing Officer.

(1) The hearing officer shall issue a written determination, which includes proposed findings of fact and conclusions of law, and a proposed order making disposition of the proceedings.

(2) The hearing officer shall serve a copy of the determination on each party present or represented at the hearing.

(3) Unless exceptions to a hearing officer's proposed determination are filed with the Commissioner within 10 working days from the date of the determination, the decision of the hearing officer shall become the final order of the Commissioner.

F. A party aggrieved by a final order of the Commissioner may obtain judicial review by filing a written petition with the appropriate circuit court within 30 days of issuance of final order.