Subdivision 3. Enforcement Procedures

In the administration and enforcement of the provisions of these several subdivisions, the Commission has power to administer oaths and, upon majority vote of the full body of the Commission, to issue subpoenas for persons or documents during investigations, to compel for the taking of interrogatories and depositions, and to compel for a formal hearing the attendance for testimony of witnesses and the production of records and documents relevant or necessary for proceedings under the particular subdivision.

Service of subpoena. Any such subpoena shall be served by:

Enforcement of subpoena.

If, upon all the evidence, the Commission by a majority vote of the full body of Commissioners finds that the respondent has engaged in any discriminatory action or wrongful practice within the scope of this Division, it shall so state its findings. The Commission shall issue and cause to be served upon the respondent an order requiring the respondent to cease and desist from the unlawful discriminatory action or prohibited practice and to take such affirmative action as equity and justice may require and prospective relief as is necessary to effectuate the purposes of the Division.

Such order must be reasonably related to the violation and may include a requirement of reimbursement of actual expenses to the complainant arising out of the wrongful conduct of the respondent, and in employment cases may include the awarding of back pay and reimbursement of actual expenses caused by wrongful conduct of the respondent to a complainant employee.

In addition to the other awards and relief which are hereinafter provided, the Commission may, in accordance with the standards of proof set forth in Section 2-195, also make the following monetary orders determined by the Commission from the evidence of record as the actual damages, costs, or losses involved, or in such amounts as may be specified below:

In addition to other awards and relief set forth above, the Commission may impose a civil fine up to Ten Thousand Dollars ($10,000.00), in accordance with the standards of proof set forth in Section 2-195, on a respondent found to have violated any of the provisions of this Division. The Agency may also negotiate and collect the payment of civil fines and assessments without holding a public hearing, as part of the conciliation procedure set forth in Section 2-203. The terms of the negotiated conciliation agreement between the respondent and the Executive Director, shall be included in a written consent agreement, and if approved by a majority vote of the full body of Commissioners, shall be incorporated into an order of the Commission, as set forth in Section 2-203.

In matters related to employment discrimination, including but not limited to labor trafficking, the Commission may in addition to other awards and relief set forth above:

A determination made by the Commission of a violation of this Division shall be a conclusive finding.

If any complainant or respondent refuses to comply with an order of the Commission made within the scope of this Division, the County, on behalf of the Human Rights Commission, may initiate a suit in equity in the Circuit Court to enforce compliance with any of the provisions of this Division.

Any party aggrieved by a final decision by the Commission is entitled to file an appeal pursuant to Chapter 200, Title 7, Maryland Rules of Procedure.

Any person, including one who is acting for or on behalf of any firm, association, or corporation, who knowingly files a false complaint under this Act is guilty of a misdemeanor. The Agency will refer any such matter to the State's Attorney of Prince George's County.

This Section shall not be construed or applied to deny the right of a respondent to bring any civil action against one who has filed a complaint under this Division.

No person shall willfully falsify any documents, records, and/or reports which are subpoenaed pursuant to this Division.

No person shall willfully falsify his or her testimony or intimidate any witness and/or complainant and/or respondent.

Any person who violates the provisions of this Section shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined no more than One Thousand Dollars ($1,000.00) and/or imprisoned for not more than six (6) months.