Md. Code Regs. 21.11.04.03

Current through Register Vol. 51, No. 24, December 2, 2024

Section 21.11.04.03 - Contractor Affirmative Action Plan Compliance Monitoring Process

A. Once the Board has approved a contract, and a "notice to proceed" has been issued by the Administration, the formal contractor affirmative action plan compliance monitoring process begins and continues throughout the life of the contract.

B. The Administration's equal opportunity officer will contact the contractor to review specific compliance requirements and to give the contractor a compliance assistance package containing suggested guidelines and forms.

C. The following points shall be considered made when priorities are established for an on-site compliance review:

(1) Whether there has been compliance with the approved affirmative action plan based on an evaluation of reports and documents;

(2) Whether contracts are being performed in a geographic area where there is a significant minority labor force or female labor force, or both, within a reasonable recruitment area;

(3) Whether contracts are being let which hold a great potential for employment and promotion of minorities and women.

D. The Administration's equal opportunity officer shall provide written notification to the contractor (copies to the Administrator and the DOT equal opportunity officer) of a pending compliance review at least 14 days before the on-site verification and interview stage of the compliance process. This will also serve as notification to the contractor of the scheduled date and location of the review and the time period to be covered by the review.

E. The Administration's equal opportunity officer will conduct an on-site inspection of the project and inspect records to assure compliance with the contractor's approved affirmative action plan.

F. There shall be an exit conference at which time the Administration's equal opportunity officer shall discuss any preliminary findings with the contractor that could lead to a determination of non-compliance. The Administration's equal opportunity officer shall discuss both the voluntary corrective actions that may have been implemented as a result of the visit and also the process and time by which the contractor will be informed of the final compliance determination.

G. After the completion of the on-site verification phase, the Administration's equal opportunity officer shall review all available information including that which was provided by the contractor and obtained from on-site visits and also prepare a status report indicating compliance or non-compliance. A copy of the report shall be provided to the contractor.

H. If the Administration's equal employment officer determines that the contractor is in compliance, the contractor shall receive written notification to that effect and copies of the notification shall be sent to the DOT equal opportunity officer, the Administrator, and the Board representative.

I. If it is determined that a contractor appears not to be in compliance with the affirmative action plan, the Administrator or designated representative shall issue a "show-cause notice". This notice demands that the contractor show cause why the contractor should not be found not to be in compliance. This notice shall delineate a list of the deficiencies, establish a compliance conference date, outline the possible administrative actions that can be taken, and provide a forum for the contractor to present ........................................................ the contractor's case.

J. A compliance conference shall be held by the Administrator or a designated representative, the Administration's equal opportunity officer, and the contractor to discuss the deficiencies.

K. If a contractor corrects the deficiencies, the "show-cause notice" shall be rescinded. The contractor shall be so notified, by letter, confirming that the contractor is in compliance.

L. If a contractor refuses to make the necessary corrections to cause a rescission of the "show-cause notice", the Administrator shall take the appropriate steps to begin administrative action to compel the contractor to comply with the affirmative action plan.

M. Except for those contracts that go before the Board for approval, the Secretary of Transportation shall have the final approval on all administrative actions imposed on contractors found to remain not in compliance. In those instances when the Board has the final authority, the Secretary shall recommend that sanctions be imposed.

Md. Code Regs. 21.11.04.03

Effective date: July 1, 1981 (8:13 Md. R. II-5) Regulations .03 amended effective January 9, 1989 (15:27 Md. R. 3138); amended effective 49:9 Md. R.531, eff. 5/2/2022