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<section number="13-325" name="Administrative hearing" law="code" slug="sec-13-325" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_13HOPRST_DIV11COOWCOPR_S13-325ADHE">
  <level label="a">
    <text>A hearing panel appointed under Section 13-324 must hold a hearing on each dispute that is not resolved by mediation under Section 13-323 unless the Commission finds that:</text>
    <level label="1">
      <text>the dispute is essentially identical to another dispute between the same parties on which a hearing has already been held under this Section; or</text>
    </level>
    <level label="2">
      <text>the dispute is clearly not within the jurisdiction of the Commission.</text>
    </level>
  </level>
  <level label="b">
    <text>The parties need not be given more than 15 days' notice before the hearing is held, if the Commission finds that an expedited hearing is necessary. At any hearing, a party or a witness may be advised by counsel.</text>
  </level>
  <level label="c">
    <text>If any party, after proper notice, does not appear at the scheduled hearing, the hearing panel may order any relief to another party that the facts on record warrant.</text>
  </level>
  <level label="d">
    <text>The hearing panel may award costs, including reasonable attorney's fees, to any party if the other party:</text>
    <level label="1">
      <text>filed or maintained a frivolous dispute, or filed or maintained a dispute in bad faith;</text>
    </level>
    <level label="2">
      <text>refused to participate in mediation of a dispute, unreasonably withdrew from mediation; or</text>
    </level>
    <level label="3">
      <text>substantially delayed or hindered the dispute resolution process without good cause. The hearing panel may also require the losing party in a dispute to pay all or part of the filing fee.</text>
    </level>
  </level>
  <level label="e">
    <text>The hearing panel must apply State and County laws and all relevant caselaw to the facts of the dispute and may order the payment of damages and any other relief that the law and the facts warrant. The decision of the hearing panel is binding on the parties, subject to judicial review.</text>
  </level>
  <level label="f">
    <text>A party aggrieved by a final decision in a case governed by this Division may seek judicial review of the decision in the Circuit Court under the applicable Maryland Rules of Procedure governing judicial review of administrative agency decisions. A party aggrieved by the decision of the Circuit Court may appeal that decision to the Maryland Court of Appeals. Unless the court reviewing the decision of the hearing authority orders a stay, the hearing authority's decision remains in effect pending a final decision of the court.</text>
  </level>
  <level label="g">
    <text>If the hearing has been held under Section 13-324(d), the hearing examiner must forward a recommended decision and an order to a Commission panel. The Commission panel may adopt, reverse, modify, or remand the recommended decision before issuing its final order as provided in this Section.</text>
  </level>
  <level label="h">
    <text>An appeal of a decision under this Section must be consolidated with any case filed under Section 13-319 that arises out of the same facts.</text>
  </level>
  <level label="i">
    <text>The court hearing an appeal must sustain the decision of the hearing panel unless the decision is:</text>
    <level label="1">
      <text>inconsistent with applicable law;</text>
    </level>
    <level label="2">
      <text>not supported by substantial evidence on the record; or</text>
    </level>
    <level label="3">
      <text>arbitrary and capricious, considering all facts before the hearing panel.</text>
    </level>
  </level>
  <level label="j">
    <text>The Commission, acting through the Office, and the County Attorney, may enforce a decision of the hearing panel by taking any appropriate legal action.</text>
  </level>
  <level label="k">
    <text>In addition to any other penalty allowed by law, any person who does not comply with a final Commission order issued under this Division has committed a civil penalty with a maximum of a $500 fine for an initial offense and a $1,000 fine for each repeat offense. Each day that a person does not comply with a Commission order is a separate offense.</text>
  </level>
</section>
