<?xml version='1.0' encoding='utf-8'?>
<baltimore-city-law heading="§ 19A-7 Enforcement procedures.">
  <section prefix="§" num="19A-7" heading="Enforcement procedures.">
    <para num="(a)" heading="Filing complaints.">Any person subjected to a practice in violation of this subtitle, or any group or person seeking to enforce this subtitle, may file a written complaint with the Commission.</para>
    <para num="(b)" heading="Complaint requirements.">A complaint filed under this section must:<para num="(1)">be filed within 1 year of the alleged violation;</para>
      <para num="(2)">be filed under oath; and</para>
      <para num="(3)">include:<para num="(i)">the particulars of the alleged violation;</para>
        <para num="(ii)">the name and address of the person alleged to have committed the violation; and</para>
        <para num="(iii)">any other information required by the Commission.</para>
      </para>
    </para>
    <para num="(c)" heading="Complaints by Commission.">The Commission, acting on its own initiative and without any complaint from a laid-off employee, may itself file a complaint against an employer whenever the Commission has reasonable cause to believe that the employer is or has been in violation of this subtitle.</para>
    <para num="(d)" heading="Investigation for probable cause.">After the filing of a complaint, either by a person claiming to be aggrieved as set forth above or by the Commission, the Commission must:<para num="(1)">investigate the facts alleged in the complaint; and</para>
      <para num="(2)">make a finding of probable cause or lack of probable cause for the complaint.</para>
    </para>
    <para num="(e)" heading="Subpoenas; Oaths.">
      <para num="(1)">In enforcing this subtitle, the Commission may:<para num="(i)">issue subpoenas to compel the attendance and testimony of witnesses and the production of books, papers, records, and documents relating to payroll records, or otherwise necessary for hearings, investigations, or proceedings; and</para>
        <para num="(ii)">administer oaths, subject to the penalties for perjury, to all witnesses.</para>
      </para>
      <para num="(2)">Any subpoena issued under this subsection shall be served by:<para num="(i)">the Sheriff of Baltimore City or any of the Sheriff’s deputies; or</para>
        <para num="(ii)">any other person authorized by the Maryland Rules of Procedure to effectuate in personam service.</para>
      </para>
    </para>
    <para num="(f)" heading="Subpoena enforcement.">
      <para num="(1)">In case of disobedience to a subpoena, the Commission may apply to a court of appropriate jurisdiction for an order requiring the attendance and testimony of witnesses and the production of books, papers, records, and documents.</para>
      <para num="(2)">The court, in case of contumacy or refusal to obey any subpoena issued under this section, after notice to the person subpoenaed, and upon finding that the attendance or testimony of the witnesses or the production of the books, papers, records, and documents, as the case may be, is relevant or necessary for a hearing, investigation, or proceeding of the Commission, may issue an order requiring the attendance and testimony of the sought witnesses and the production of the sought books, papers, records, and documents, or any of them.</para>
      <para num="(3)">Any failure to obey such an order of the court may be punished by the court as contempt.</para>
    </para>
    <para num="(g)" heading="Dismissal for lack of probable cause.">If the Commission finds that the complaint lacks probable cause, then it must dismiss the complaint and mail copies of its finding to the respondent and complainant.</para>
    <para num="(h)" heading="Probable cause conference; Settlement agreement.">
      <para num="(1)">If the Commission finds probable cause for the complaint, the Commission must attempt, by means of conference, to:<para num="(i)">persuade the respondent to cease and desist its illegal action;</para>
        <para num="(ii)">reinstate any laid-off employees to their former positions as required by &lt;cite data-path="|11|§19A-3"&gt;§ 19A-3 {“Right of recall”} of this subtitle&lt;/cite&gt;; and</para>
        <para num="(iii)">order payment to laid-off employees of all wages and other compensation owed for the period of time that the employer was in violation of this subtitle, as provided in &lt;cite data-path="|11|§19A-8"&gt;§ 19A-8 {“Penalties”} of this subtitle&lt;/cite&gt;.</para>
      </para>
      <para num="(2)">Any agreement reached between the respondent and the Commission must be reduced to writing and a copy of the agreement must be furnished to the complainant and the respondent.</para>
    </para>
    <para num="(i)" heading="Final order.">
      <para num="(1)">The Commission may issue a final order on its own motion if:<para num="(i)">the Commission and the  respondent fail to reach an agreement within 30 days of the date set for the probable cause conference, or</para>
        <para num="(ii)">the respondent fails to meet its obligations under an agreement with the Commission within the time specified in the agreement.</para>
      </para>
      <para num="(2)">A final order issued under this subsection may:<para num="(i)">require the reinstatement of a laid-off employee or employees wrongfully terminated in violation of &lt;cite data-path="|11|§19A-3"&gt;§ 19A-3 {“Right of recall”} of this subtitle&lt;/cite&gt;;</para>
        <para num="(ii)">require the respondent to pay each employee aggrieved in violation of &lt;cite data-path="|11|§19A-3"&gt;§ 19A-3 {“Right of recall”} of this subtitle&lt;/cite&gt; his or her lost wages and other compensation to the date of the violation, as provided in &lt;cite data-path="|11|§19A-8"&gt;§ 19A-8 {“Penalties”} of this subtitle&lt;/cite&gt;; and</para>
        <para num="(iii)">direct the cessation of all practices by the respondent that are contrary to the provisions of this subtitle or the rules and regulations of the Commission.</para>
      </para>
      <para num="(3)">A copy of an order issued under this subtitle must be furnished to the respondent by registered mail within 3 days of its issuance.</para>
    </para>
    <para num="(j)" heading="Judicial and appellate review.">
      <para num="(1)">Any person aggrieved by an order of the Commission may seek judicial review of that order by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules.</para>
      <para num="(2)">A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules.</para>
    </para>
    <para num="(k)" heading="Referral to Solicitor.">If, within 30 days of the issuance of a final order under subsection (i) of this section, the respondent has failed to comply with the order, the Commission may certify the proceedings to the City Solicitor and request that the Solicitor petition the Circuit Court of Baltimore City to enforce the order.</para>
    <annotation type="History">Ord. 20-480</annotation>
  </section>
</baltimore-city-law>
