<?xml version='1.0' encoding='utf-8'?>
<unit kind="subdivision" number="3" name="Enforcement Procedures" slug="subdivision-3" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_2AD_DIV12OFHURI_SD3ENPR">
  <section number="2-194" name="Powers of Human Rights Commission" law="code" slug="sec-2-194" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_2AD_DIV12OFHURI_SD3ENPR_S2-194POHURICO">
    <level label="a">
      <text>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.</text>
    </level>
    <level label="b">
      <text>Service of subpoena. Any such subpoena shall be served by:</text>
      <level label="1">
        <text>Certified mail, return receipt requested (with service by certified mail being complete upon delivery and proof being shown by the green return receipt card). Proof of service shall be filed with the Clerk of the Commission; or</text>
      </level>
      <level label="2">
        <text>Personal service of process by:</text>
        <level label="A">
          <text>A competent private person, eighteen (18) years of age or older, who is not a party to the action; or</text>
        </level>
        <level label="B">
          <text>The sheriff or deputy sheriff of the political subdivision in which is located the residence of the person or the main office of the firm, association, partnership or corporation against whom or which the subpoena is issued.</text>
        </level>
      </level>
    </level>
    <level label="c">
      <text>Enforcement of subpoena.</text>
      <level label="1">
        <text>In case of failure to comply with a subpoena, the County, on behalf of the Commission, may apply to a court of appropriate jurisdiction for an order requiring the attendance and testimony of witnesses and/or the production of records and documents, and/or the taking of interrogatories and depositions.</text>
      </level>
      <level label="2">
        <text>After notice to the person subpoenaed as a witness or directed to produce records and documents, and upon a finding that the attendance and testimony of the witness or the production of the records and documents is relevant or necessary for the proceedings of the Commission, the court may issue an order requiring the attendance and testimony of the witness and the production of the records and documents. Any failure to obey such an order of the court may be punished as contempt of court.</text>
      </level>
    </level>
  </section>
  <section number="2-195" name="Cease and desist orders; contents" law="code" slug="sec-2-195" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_2AD_DIV12OFHURI_SD3ENPR_S2-195CEDEORCO">
    <level label="a">
      <text>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.</text>
    </level>
    <level label="b">
      <text>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.</text>
    </level>
  </section>
  <section number="2-195.01" name="Other Awards and Remedies" law="code" slug="sec-2-195.01" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_2AD_DIV12OFHURI_SD3ENPR_S2-195.01OTAWRE">
    <level label="a">
      <text>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:</text>
      <level label="1">
        <text>Should the complainant's personal property be damaged, the complainant may be awarded damages not exceeding any expenses actually incurred in repairing the damage or in replacing the property, if such replacement is found by the Commission to be necessary.</text>
      </level>
      <level label="2">
        <text>If the complainant was required to incur travel expenses that would not have been incurred but for unlawful discriminatory acts or practices of the respondent, the complainant may be awarded damages not exceeding such expenses. The use of the complainant's automobile shall be compensated at the rate current at the time of the violation for County employees' use of a private automobile for official business. Expenses shall not be awarded to the extent that they have been reimbursed from another source.</text>
      </level>
      <level label="3">
        <text>Damages may also be awarded to compensate complainant for humiliation and embarrassment suffered in an amount determined by the Commission to be appropriately and reasonably warranted considering all of the circumstances, but in no event shall the amount be in excess of Two Hundred Thousand Dollars ($200,000.00).</text>
      </level>
      <level label="4">
        <text>In the event an award of damages is made, the respondent shall be ordered to pay to the complainant interest at the legal rate on the loss of the use of any monies arising from the act of discrimination, from the date of the Commission order.</text>
      </level>
      <level label="5">
        <text>Damages may also be awarded to compensate complainant for violation of Section 13A-120 in an amount determined by the Commission to be appropriately and reasonably warranted considering all of the circumstances, but in no event shall the amount be in excess of Two Hundred Fifty Thousand Dollars ($250,000.00).</text>
      </level>
    </level>
    <level label="b">
      <text>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.</text>
    </level>
    <level label="c">
      <text>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:</text>
      <level label="1">
        <text>Issue a civil fine not to exceed $5,000 per violation pursuant to Md. Local Government Code Annotated Section 10-202(d);</text>
      </level>
      <level label="2">
        <text>File a lien against employer for unpaid wages pursuant to COMAR 09.12.39.02; or</text>
      </level>
      <level label="3">
        <text>Recommend disqualification and debarment to Purchasing Agent under Section 10A-148 of this Code.</text>
      </level>
    </level>
  </section>
  <section number="2-196" name="Order dismissing complaint" law="code" slug="sec-2-196" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_2AD_DIV12OFHURI_SD3ENPR_S2-196ORDICO">
    <text>If, upon all evidence, the Commission by majority vote of the full body of Commissioners finds that the respondent has not engaged in any such alleged discriminatory act within the scope of this Division, it shall state its findings of fact and shall similarly issue and file an order dismissing the complaint.</text>
  </section>
  <section number="2-197" name="Enforcement of orders by Court; appeals" law="code" slug="sec-2-197" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_2AD_DIV12OFHURI_SD3ENPR_S2-197ENORCOAP">
    <level label="a">
      <text>A determination made by the Commission of a violation of this Division shall be a conclusive finding.</text>
    </level>
    <level label="b">
      <text>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.</text>
    </level>
    <level label="c">
      <text>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.</text>
    </level>
  </section>
  <section number="2-198" name="False complaints prohibited; exception" law="code" slug="sec-2-198" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_2AD_DIV12OFHURI_SD3ENPR_S2-198FACOPREX">
    <level label="a">
      <text>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.</text>
    </level>
    <level label="b">
      <text>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.</text>
    </level>
  </section>
  <section number="2-199" name="Falsification of documents; intimidation" law="code" slug="sec-2-199" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_2AD_DIV12OFHURI_SD3ENPR_S2-199FADOIN">
    <level label="a">
      <text>No person shall willfully falsify any documents, records, and/or reports which are subpoenaed pursuant to this Division.</text>
    </level>
    <level label="b">
      <text>No person shall willfully falsify his or her testimony or intimidate any witness and/or complainant and/or respondent.</text>
    </level>
    <level label="c">
      <text>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.</text>
    </level>
  </section>
  <section number="2-200" name="Nonexclusive remedy" law="code" slug="sec-2-200" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_2AD_DIV12OFHURI_SD3ENPR_S2-200NORE">
    <text>The provisions of this Division shall be construed as vesting in all persons the right to be free of any practices within the County which are prohibited in this Division. Any person who is aggrieved by any act prohibited in this Division may bring an appropriate action in law or equity in the Circuit Court to seek damages, redress of injury, or injunctive relief arising out of any such prohibited act, in addition to pursuing the procedures and seeking the remedies established in this Division.</text>
  </section>
</unit>
