# State Government (GSG)

## Title 20. Human Relations

### Subtitle 10. Enforcement

#### Section 20-1001

In this part, "unlawful employment practice" means an act that is prohibited under Sec. 20-606 of this title.

#### Section 20-1002

(a) This part, including the limitations on damages, does not limit the scope of, or the administrative procedures or relief available under, any other provision of federal, State, or local law.

(b) This part does not limit Subtitle 12 of this title.

#### Section 20-1003

Except as otherwise provided in Part II of this subtitle, this part applies to alleged discriminatory housing practices under Subtitle 7 of this title.

#### Section 20-1004

(a) Any person claiming to be aggrieved by an alleged discriminatory act may file a complaint with the Commission.

(b) The complaint shall:

  (1) be in writing;

  (2) state:

    (i) the name and address of the person or State or local unit alleged to have committed the discriminatory act; and

    (ii) the particulars of the alleged discriminatory act;

  (3) contain any other information required by the Commission; and

  (4) be signed by the complainant under oath.

(c)

  (1)

    (i) Except as provided in paragraphs (2) and (3) of this subsection, a complaint shall be filed within 6 months after the date on which the alleged discriminatory act occurred.

    (ii) A complaint filed with a federal or local human relations commission within 6 months after the date on which the alleged discriminatory act occurred shall be deemed to have complied with subparagraph (i) of this paragraph.

  (2)

    (i) A complaint alleging an unlawful employment practice other than harassment shall be filed within 300 days after the date on which the alleged discriminatory act occurred.

    (ii) A complaint filed with a federal human relations commission within 6 months or a local human relations commission within 300 days shall be deemed to have complied with subparagraph (i) of this paragraph.

  (3)

    (i) A complaint alleging harassment against an employer shall be filed within 2 years after the date on which the alleged harassment occurred.

    (ii) A complaint filed with a federal human relations commission within 6 months or a local human relations commission within 2 years after the date on which the alleged harassment occurred shall be deemed to have complied with subparagraph (i) of this paragraph.

(d) The Commission, on its own motion, and by action of at least three commissioners, may issue a complaint in its name in the same manner as if the complaint had been filed by an individual, if:

  (1) the Commission has received reliable information from an individual that a person has been or is engaged in a discriminatory act; and

  (2) after a preliminary investigation by the Commission's staff authorized by the chair or vice-chair, the Commission is satisfied that the information warrants the filing of a complaint.

#### Section 20-1005

(a)

  (1) After a complaint is filed, the Executive Director of the Commission shall:

    (i) consider the complaint; and

    (ii) refer it to the Commission's staff for prompt investigation and fact-finding.

  (2)

    (i) If the complaint alleges a failure to make a reasonable accommodation under Sec. 20-305 of this title, the investigation shall include an initial determination whether an accommodation is a reasonable accommodation.

    (ii) In making the determination for buildings, the Commission may consult with the Department of Housing and Community Development and any other persons that may be useful in determining the cost and feasibility of any structural changes, modifications, or additions or the provision of special equipment.

  (3) The Commission's staff shall:

    (i) issue the results of the investigation as written findings;

    (ii) provide a copy of the written findings to the complainant and the respondent; and

    (iii) send a copy of the written findings of an investigation of a real estate broker, associate real estate broker, or real estate salesperson to the State Real Estate Commission.

(b) If there is a finding of probable cause to believe that a discriminatory act has been or is being committed, the Commission's staff immediately shall endeavor to eliminate the discrimination by conference, conciliation, or persuasion.

(c)

  (1) If an agreement is reached to eliminate the discrimination as a result of the conference, conciliation, or persuasion:

    (i) the agreement shall be reduced to writing and signed by the respondent; and

    (ii) the Commission shall enter an order setting forth the terms of the agreement.

  (2) If an agreement cannot be reached, the Commission's staff shall:

    (i) make a written finding to that effect; and

    (ii) provide copies of the written finding to the complainant and the respondent.

  (3) The Commission may not enter an order at this stage of the proceedings unless it is based on a written agreement.

(d)

  (1) If there is a finding of no probable cause to believe that a discriminatory act has been or is being committed, the complainant may file a request for reconsideration of the finding in accordance with the Commission's regulations.

  (2) Unless the U.S. Equal Employment Opportunity Commission has jurisdiction over the subject matter of the complaint, a denial of a request for reconsideration of a finding of no probable cause by the Commission is a final order appealable as provided in the Administrative Procedure Act.

#### Section 20-1006

(a) On the making of a finding under Sec. 20-1005(c)(2) of this subtitle that an agreement to remedy and eliminate the discrimination cannot be reached, the entire file, including the complaint and any findings, shall be certified to the general counsel of the Commission.

(b) The Executive Director of the Commission shall cause a written notice to be issued and served in the name of the Commission, together with a copy of the complaint, requiring the respondent to answer the charges of the complaint at a public hearing:

  (1) before an administrative law judge at a time and place certified in the notice; or

  (2) if the complaint alleges an unlawful employment practice, in a civil action elected under Sec. 20-1007 of this subtitle.

#### Section 20-1007

(a)

  (1) When a complaint alleging an unlawful employment practice is issued and served under Sec. 20-1006 of this subtitle, a complainant or respondent may elect to have the claims asserted in the complaint determined in a civil action brought by the Commission on the complainant's behalf, if:

    (i) the Commission has found probable cause to believe the respondent has engaged in or is engaging in an unlawful employment practice; and

    (ii) there is a failure to reach an agreement to remedy and eliminate the unlawful employment practice.

  (2) An election under paragraph (1) of this subsection shall be made within 30 days after the complainant or respondent receives service under Sec. 20-1006(b) of this subtitle.

  (3) If an election is not made under paragraph (1) of this subsection, the Commission shall provide an opportunity for a hearing as provided under Sec. 20-1008(a) of this subtitle.

(b) When a complaint alleging an unlawful employment practice is issued and served under Sec. 20-1006 of this subtitle, the Commission may elect to have the claims asserted in the complaint determined in a civil action brought on the Commission's own behalf, if:

  (1) the Commission has found probable cause to believe the respondent has engaged in or is engaging in an unlawful employment practice; and

  (2) there is a failure to reach an agreement to remedy and eliminate the unlawful employment practice.

(c)

  (1) If a complainant or respondent makes an election under subsection (a) of this section, that party shall give notice of the election to the Commission and to all other complainants and respondents.

  (2) If the Commission makes an election under subsection (b) of this section, the Commission shall give notice of the election to all complainants and respondents.

#### Section 20-1008

(a)

  (1) If a civil action is not elected under Sec. 20-1007 of this subtitle, the case shall be heard by an administrative law judge.

  (2) The hearing shall be held in the county where the alleged discriminatory act occurred.

(b) The general counsel of the Commission shall present the case in support of the complaint at the hearing.

(c) The respondent:

  (1) may file a written answer to the complaint;

  (2) may appear at the hearing in person, or otherwise, with or without counsel;

  (3) may submit testimony;

  (4) shall be fully heard; and

  (5) may examine and cross-examine witnesses.

(d)

  (1) Testimony taken at the hearing shall be under oath and recorded.

  (2) A transcript shall be made of all testimony at the hearing.

(e) The administrative law judge may allow any complaint or answer to be reasonably amended.

#### Section 20-1009

(a) If, after reviewing all of the evidence, the administrative law judge finds that the respondent has engaged in a discriminatory act, the administrative law judge shall:

  (1) issue a decision and order stating the judge's findings of fact and conclusions of law; and

  (2) issue and cause to be served on the respondent an order requiring the respondent to:

    (i) cease and desist from engaging in the discriminatory acts; and

    (ii) take affirmative action to effectuate the purposes of the applicable subtitle of this title.

(b)

  (1) If the respondent is found to have engaged in or to be engaging in an unlawful employment practice charged in the complaint, the remedy may include:

    (i) enjoining the respondent from engaging in the discriminatory act;

    (ii) ordering appropriate affirmative relief, including the reinstatement or hiring of employees, with or without back pay;

    (iii) awarding compensatory damages; or

    (iv) ordering any other equitable relief that the administrative law judge considers appropriate.

  (2) Compensatory damages awarded under this subsection are in addition to:

    (i) back pay or interest on back pay that the complainant may recover under any other provision of law; and

    (ii) any other equitable relief that a complainant may recover under any other provision of law.

  (3) The sum of the amount of compensatory damages awarded to each complainant under this subsection for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, or nonpecuniary losses, may not exceed:

    (i) $50,000, if the respondent employs not fewer than 15 and not more than 100 employees in each of 20 or more calendar weeks in the current or preceding calendar year;

    (ii) $100,000, if the respondent employs not fewer than 101 and not more than 200 employees in each of 20 or more calendar weeks in the current or preceding calendar year;

    (iii) $200,000, if the respondent employs not fewer than 201 and not more than 500 employees in each of 20 or more calendar weeks in the current or preceding calendar year; and

    (iv) $300,000, if the respondent employs not fewer than 501 employees in each of 20 or more calendar weeks in the current or preceding calendar year.

  (4) If back pay is awarded under paragraph (1) of this subsection, the award shall be reduced by any interim earnings or amounts earnable with reasonable diligence by the person discriminated against.

  (5) In addition to any other relief authorized by this subsection, a complainant may recover back pay for up to 2 years preceding the filing of the complaint, where the unlawful employment practice that has occurred during the complaint filing period is similar or related to an unlawful employment practice with regard to discrimination in compensation that occurred outside the time for filing a complaint.

(c)

  (1)

    (i) Except as provided in subparagraph (ii) of this paragraph, if the respondent is found to have engaged in or to be engaging in a discriminatory act other than an unlawful employment practice, in addition to an award of civil penalties as provided in Sec. 20-1016 of this subtitle, nonmonetary relief may be granted to the complainant.

    (ii) An order may not be issued that substantially affects the cost, level, or type of any transportation services.

  (2)

    (i) In cases involving transportation services that are supported fully or partially with funds from the Maryland Department of Transportation, an order may not be issued that would require costs, level, or type of transportation services different from or exceeding those required to meet U.S. Department of Transportation regulations adopted under 29 U.S.C. Sec. 794.

    (ii) An order issued in violation of subparagraph (i) of this paragraph is not enforceable under Sec. 20-1011 of this subtitle.

(d) If, after reviewing all of the evidence, the administrative law judge finds that the respondent has not engaged in an alleged discriminatory act, the administrative law judge shall:

  (1) state findings of fact and conclusions of law; and

  (2) issue an order dismissing the complaint.

(e) Unless a timely appeal is filed with the Commission in accordance with the Commission's regulations, a decision and order issued by the administrative law judge under this section shall become the final order of the Commission.

#### Section 20-1010

(a) In the administration and enforcement of this title, the Commission may:

  (1) administer oaths;

  (2) issue subpoenas;

  (3) compel the attendance and testimony of witnesses; and

  (4) compel the production of books, papers, records, and documents relevant or necessary for proceedings under this title.

(b) A subpoena issued by the Commission shall be served by:

  (1) certified mail, requesting restricted delivery - show to whom, date, address of delivery; or

  (2) personal service of process by:

    (i) an employee of the Commission;

    (ii) any adult who is not a party to the proceeding; or

    (iii) the sheriff or deputy sheriff of the county in which is located the residence or main office of the person to whom or which the subpoena is issued.

(c)

  (1) In case of failure to comply with a subpoena, the Commission may apply to a circuit court in any county for an order requiring the attendance and testimony of witnesses and the production of books, papers, records, and documents.

  (2) The court may issue an order requiring the attendance and testimony of the witness and the production of the books, papers, records, and documents:

    (i) after notice to the person subpoenaed as a witness or directed to produce books, papers, records, and documents; and

    (ii) on a finding that the attendance and testimony of the witness or the production of the books, papers, records, and documents is relevant or necessary for the proceedings of the Commission.

  (3) An order issued by the court under this subsection shall be served on the person to whom it is directed by the sheriff or deputy sheriff of the county where the residence or main office of the person is located.

  (4) A failure to obey an order issued by the court under this subsection may be punished by the court as a contempt of court.

#### Section 20-1011

If a respondent refuses to comply with an order of the Commission issued under this title, the Commission may bring a civil action to enforce compliance with the order in the appropriate equity court of the county where the alleged discriminatory act occurred.

#### Section 20-1012

(a) Within 60 days after an election is made under Sec. 20-1007 of this subtitle, the Commission shall file a civil action in the circuit court for the county where the alleged unlawful employment practice occurred.

(b) If the court finds that an unlawful employment practice occurred, the court may provide the remedies specified in Sec. 20-1009(b) of this subtitle.

(c) If the Commission seeks compensatory damages under this section:

  (1) any party may demand a trial by jury; and

  (2) the court may not inform the jury of the limitations on compensatory damages imposed under Sec. 20-1009(b)(3) of this subtitle.

#### Section 20-1013

(a)

  (1) In addition to the right to make an election under Sec. 20-1007 of this subtitle, a complainant may bring a civil action against the respondent alleging an unlawful employment practice, if:

    (i) the complainant initially filed a timely administrative charge or a complaint under federal, State, or local law alleging an unlawful employment practice by the respondent;

    (ii) at least 180 days have elapsed since the filing of the administrative charge or complaint; and

    (iii)

      (1) subject to item 2 of this item, the civil action is filed within 2 years after the alleged unlawful employment practice occurred; or

      (2) if the complaint is alleging harassment, the civil action is filed within 3 years after the alleged harassment occurred.

  (2) The time limitations under paragraph (1)(iii) of this subsection shall be tolled while an administrative charge or complaint filed by the complainant under paragraph (1)(ii) is pending.

(b) A civil action under this section shall be filed in the circuit court for the county where the alleged unlawful employment practice occurred.

(c) The filing of a civil action under this section automatically terminates any proceeding before the Commission based on the underlying administrative complaint and any amendment to the complaint.

(d) If the court finds that an unlawful employment practice occurred, the court may provide the remedies specified in Sec. 20-1009(b) of this subtitle.

(e)

  (1) In addition to the relief authorized under subsection (d) of this section, the court may award punitive damages, if:

    (i) the respondent is not a governmental unit or political subdivision; and

    (ii) the court finds that the respondent has engaged in or is engaging in an unlawful employment practice with actual malice.

  (2) If the court awards punitive damages, the sum of the amount of compensatory damages awarded to each complainant under subsection (d) of this section and the amount of punitive damages awarded under this subsection may not exceed the applicable limitation established under Sec. 20-1009(b)(3) of this subtitle.

(f) If a complainant seeks compensatory or punitive damages under this section:

  (1) any party may demand a trial by jury; and

  (2) the court may not inform the jury of the limitations on compensatory and punitive damages imposed under Sec. 20-1009(b)(3) of this subtitle.

(g) When appropriate and to the extent authorized under law, in a dispute arising under this part, in which the complainant seeks compensatory or punitive damages, the parties are encouraged to use alternative means of dispute resolution, including settlement negotiations or mediation.

#### Section 20-1014

(a) A person may intervene in a civil action brought by the Commission under this part, if the action involves:

  (1) an alleged discriminatory act to which the person is a party; or

  (2) a conciliation agreement to which the person is a party.

(b) The Commission may intervene in a civil action brought under this part, if:

  (1) the Commission certifies that the case is of general public importance; and

  (2) timely application is made.

(c) The court may grant any appropriate relief to an intervening party that may be granted to a plaintiff in a civil action under Sec. 20-1013 of this subtitle.

#### Section 20-1015

In an action brought under this part, the court may award the prevailing party reasonable attorney's fees, expert witness fees, and costs.

#### Section 20-1016

(a) Except as provided in subsections (b) and (c) of this section, in addition to any other relief authorized, if the Commission finds that a respondent has engaged in a discriminatory act under Subtitle 3 or Subtitle 4 of this title, the Commission may seek an order awarding monetary relief to the complainant:

  (1) if the respondent has not been adjudicated to have committed any prior discriminatory act, in an amount not exceeding $500;

  (2) if the respondent has been adjudicated to have committed one other discriminatory act during the 5-year period ending on the date of the filing of the current charge, in an amount not exceeding $1,000; and

  (3) if the respondent has been adjudicated to have committed two or more discriminatory acts during the 7-year period ending on the date of the filing of the current charge, in an amount not exceeding $2,500.

(b)

  (1) If the discriminatory act is committed by an individual who has been previously adjudicated to have committed one or more discriminatory acts, the time periods set forth in subsection (a)(2) and (3) of this section do not apply.

  (2) If the discriminatory act is committed by the agent or employee of a respondent, the maximum amounts set forth in subsection (a)(2) and (3) of this section do not apply and the Commission may seek an order awarding monetary relief in an amount not exceeding $25,000, provided that:

    (i) the act committed by the agent or employee is determined to be discriminatory; and

    (ii) the respondent has not reasonably mitigated the harm caused by the discriminatory act.

  (3) The maximum amounts set forth in subsection (a)(2) and (3) of this section do not apply if the act is found to be malicious.

(c) The Commission may not seek an order awarding monetary relief to a complainant if:

  (1) the discriminatory act was limited to a violation relating to accessibility;

  (2) the respondent, after being served, takes prompt corrective action; and

  (3) the respondent has not previously been the subject of a complaint under Sec. 20-1004 of this subtitle.

(d) If the Commission seeks an order awarding monetary relief before an administrative law judge under Sec. 20-1008 of this subtitle, in determining the amount of the monetary relief to be awarded, the administrative law judge shall consider:

  (1) the seriousness of the discriminatory act;

  (2) the good faith of the respondent;

  (3) the harmful effect to the public of the discriminatory act;

  (4) the harmful effect of the respondent's actions on the investigatory process of the Commission; and

  (5) the respondent's assets.

(e) Any monetary relief collected under this section shall be paid to the complainant.

#### Section 20-1017

(a) At any time after a complaint has been filed, if the Commission believes that a civil action is necessary to preserve the status of the parties or to prevent irreparable harm from the time the complaint is filed until the time of the final disposition of the complaint, the Commission may bring an action to obtain a temporary injunction.

(b) The action shall be brought in the circuit court for the county where:

  (1) the place of public accommodation that is the subject of the alleged discriminatory act is located;

  (2) the unlawful employment practice is alleged to have occurred or to be occurring; or

  (3) the dwelling that is the subject of the alleged discriminatory housing practice is located.

#### Section 20-1020

(a) In this part the following words have the meanings indicated.

(b) "Aggrieved person" means any person that claims to have been injured by a discriminatory housing practice.

(c) "Conciliation" means the attempted resolution of issues raised by a complaint, or by the investigation of a complaint, through informal negotiations involving the aggrieved person, the respondent, and the Commission.

(d) "Conciliation agreement" means a written agreement between the respondent and the complainant setting forth the resolution of the issues in conciliation.

(e) "Discriminatory housing practice" means an act that is prohibited under Sec. 20-705, Sec. 20-705.1, Sec. 20-706, Sec. 20-707, or Sec. 20-708 of this title.

(f) "Prevailing party" has the meaning as judicially determined under 42 U.S.C. Sec. 1988.

#### Section 20-1021

(a)

  (1) An aggrieved person may file a complaint with the Commission alleging a discriminatory housing practice.

  (2) The complaint shall be filed within 1 year after the alleged discriminatory housing practice occurred or terminated.

(b) The Commission may:

  (1) file a complaint on the Commission's own initiative; and

  (2) investigate housing practices to determine whether a complaint should be filed under this section.

(c) A complaint shall:

  (1) be in writing;

  (2) be in the form that the Commission requires; and

  (3) contain the information that the Commission requires.

(d) After a complaint is filed, the Commission shall serve notice on the aggrieved person acknowledging the filing and advising the aggrieved person of the time limits and choice of forums provided under this part.

(e) Within 10 days after a complaint is filed or an additional respondent is identified under Sec. 20-1022(b) of this subtitle, the Commission shall serve on the respondent:

  (1) a copy of the original complaint; and

  (2) a notice identifying the alleged discriminatory housing practice and advising the respondent of the procedural rights and obligations of respondents under this part.

(f)

  (1) Each respondent may file an answer to the complaint.

  (2) The answer shall be filed within 10 days after receipt of the copy of the complaint and notice from the Commission under subsection (e) of this section.

(g) Complaints and answers:

  (1) shall be under oath; and

  (2) may be reasonably amended at any time.

#### Section 20-1022

(a)

  (1) The Commission shall investigate a complaint alleging a discriminatory housing practice and determine, based on the facts, whether probable cause exists to believe that a discriminatory housing practice has occurred or is about to occur.

  (2) Unless it is impracticable to do so, the Commission shall complete the investigation and make the determination required under paragraph (1) of this subsection within 100 days after the filing of the complaint.

  (3) If the Commission is unable to complete the investigation and make the determination required under paragraph (1) of this subsection within 100 days after the filing of the complaint, the Commission shall notify the complainant and the respondent in writing and include the reasons for the delay.

(b)

  (1) A person that is not named as a respondent in a complaint, but that is identified as a respondent during an investigation, may be joined as an additional or substitute respondent after written notice in accordance with Sec. 20-1021(e) of this subtitle.

  (2) In addition to meeting the requirements of Sec. 20-1021(e) of this subtitle, the notice shall explain the basis for the Commission's belief that the person to whom the notice is addressed is properly joined as a respondent.

#### Section 20-1023

(a) The Commission may issue subpoenas and order discovery in aid of investigations and hearings under this part.

(b)

  (1) Witnesses subpoenaed by the Commission to testify in any proceedings under this part are entitled to the same witness and mileage fees as witnesses in proceedings before any circuit court in the State.

  (2) The party who requests that a witness be subpoenaed to testify in a proceeding shall pay the fees or, if the party is unable to pay, the Commission shall pay the fees.

#### Section 20-1024

(a) During the period between the filing of a complaint and the filing of a charge or a dismissal by the Commission, the Commission, to the extent feasible, shall engage in conciliation with respect to the complaint.

(b)

  (1) A conciliation agreement is subject to approval by the Commission.

  (2)

    (i) A conciliation agreement may provide for binding arbitration of the dispute arising from the complaint.

    (ii) Any arbitration that results from a conciliation agreement may award appropriate relief, including monetary relief.

  (3) Each conciliation agreement shall be made public unless the complainant and respondent otherwise agree and the Commission determines that the disclosure is not required to further the purposes of this part and Subtitle 7 of this title.

(c) If the Commission has probable cause to believe that a respondent has breached a conciliation agreement, the Commission may bring a civil action to enforce the conciliation agreement in the same manner as provided in Sec. 20-1011 of this subtitle for the enforcement of an order of the Commission.

(d) Except in a proceeding to enforce a conciliation agreement, statements and acts in the course of conciliation under this section may not be made public or used as evidence in a subsequent proceeding under this part without the written consent of the persons concerned.

#### Section 20-1025

(a) Except as provided in subsections (c) and (d) of this section, if the Commission determines that probable cause exists to believe that a discriminatory housing practice has occurred or is about to occur and that conciliation has failed, the Executive Director of the Commission or the Executive Director's designee shall certify the case for processing.

(b) After review of the certified complaint, the Commission shall:

  (1) remand the matter to the Commission's staff for further processing;

  (2) issue a charge on behalf of the aggrieved person for further proceedings under this part; or

  (3) promptly dismiss the complaint, if the Commission determines that probable cause does not exist to believe that a discriminatory housing practice has occurred or is about to occur.

(c)

  (1) If the Commission determines that the matter involves the legality of a State or local zoning or other land use law or ordinance, the Commission shall immediately refer the matter to the Attorney General for appropriate action.

  (2) Not less than 60 days after the Commission refers the matter to the Attorney General under paragraph (1) of this subsection, the Commission may issue a charge or take other appropriate action in the matter.

(d) After the beginning of the trial of a civil action that is commenced by an aggrieved person under federal or State law and that seeks relief for an alleged discriminatory housing practice, the Commission may not issue a charge under this section for the same alleged discriminatory housing practice.

(e) After the Commission issues a charge under this section, the Commission shall cause a copy of the charge, together with information as to how to make an election under Sec. 20-1026 of this subtitle and the effect of the election, to be served:

  (1) on each respondent named in the charge; and

  (2) on each aggrieved person on whose behalf the complaint was filed.

#### Section 20-1026

(a) When a charge is issued and served under Sec. 20-1025 of this subtitle, a complainant, respondent, or aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in the charge decided in a civil action under Sec. 20-1032 of this subtitle instead of a hearing under Sec. 20-1027 of this subtitle.

(b) An election under subsection (a) of this section shall be made within:

  (1) 20 days after the complainant, respondent, or aggrieved person on whose behalf the complaint was filed receives service under Sec. 20-1025 of this subtitle; or

  (2) if the Commission is the complainant, 20 days after service under Sec. 20-1025 of this subtitle is made on all other parties.

(c) A person that makes an election under subsection (a) of this section shall give notice of the election to the Commission and to all other complainants, respondents, and aggrieved persons on whose behalf the complaint was filed to whom the charge relates.

#### Section 20-1027

(a) If an election is not made under Sec. 20-1026 of this subtitle, the Commission shall provide an opportunity for a hearing on the record with respect to a charge issued under Sec. 20-1025 of this subtitle.

(b)

  (1) The Commission shall delegate the conduct of a hearing under this section to the Office of Administrative Hearings.

  (2) An administrative law judge shall conduct the hearing in the county where the discriminatory housing practice is alleged to have occurred or is about to occur.

  (3)

    (i) Unless it is impracticable to do so, the administrative law judge shall commence the hearing under this section within 120 days after the issuance of the charge.

    (ii) If the administrative law judge is unable to commence the hearing within 120 days after the issuance of the charge, the administrative law judge shall notify the Commission, the aggrieved person on whose behalf the charge was filed, and the respondent in writing of the reasons for the delay.

  (4) At a hearing under this section, each party may appear in person, be represented by counsel, present evidence, cross-examine witnesses, and obtain the issuance of subpoenas as authorized by this section.

  (5) A hearing under this section shall be conducted as expeditiously and inexpensively as possible, consistent with the needs and rights of the parties to obtain a fair hearing and complete record.

(c)

  (1) The administrative law judge may issue subpoenas and order discovery in connection with a hearing conducted under this section.

  (2) Discovery in administrative proceedings under this section shall be conducted as expeditiously and inexpensively as possible, consistent with the need of all parties to obtain relevant evidence.

(d) After the beginning of the trial of a civil action that is commenced by an aggrieved person under federal or State law and that seeks relief for an alleged discriminatory housing practice, an administrative law judge may not continue administrative proceedings under this section for the same alleged discriminatory housing practice.

#### Section 20-1028

(a)

  (1) Unless it is impracticable to do so, the administrative law judge shall make findings of fact and conclusions of law within 60 days after submission of posthearing memoranda.

  (2) If the administrative law judge is unable to make findings of fact and conclusions of law within the 60-day period or any succeeding 60-day period, the administrative law judge shall notify the Commission, the aggrieved person on whose behalf the charge was filed, and the respondent in writing of the reasons for the delay.

(b)

  (1) If the administrative law judge finds that a respondent has engaged or is about to engage in a discriminatory housing practice, the administrative law judge shall promptly issue an order for appropriate relief, which may include actual damages suffered by the aggrieved person and injunctive or other equitable relief.

  (2)

    (i) Except as provided in subparagraph (ii) of this paragraph, the order may assess a civil penalty against the respondent, to be paid to the General Fund of the State:

      (1) if the respondent has not been adjudicated to have committed any prior discriminatory housing practice, in an amount not exceeding $10,000;

      (2) if the respondent has been adjudicated to have committed one other discriminatory housing practice during the 5-year period ending on the date of the filing of the current charge, in an amount not exceeding $25,000; and

      (3) if the respondent has been adjudicated to have committed two or more discriminatory housing practices during the 7-year period ending on the date of the filing of the current charge, in an amount not exceeding $50,000.

    (ii) If the discriminatory housing practice is committed by an individual who has been previously adjudicated to have committed one or more discriminatory housing practices, the time periods set forth in paragraph (2)(i)2 and 3 of this subsection do not apply.

(c) An order issued under subsection (b) of this section may not affect any contract, sale, encumbrance, or lease consummated before the issuance of the order and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the charge filed under this part.

(d)

  (1) If the administrative law judge finds that the respondent has not engaged in a discriminatory housing practice, the administrative law judge shall enter an order dismissing the charge.

  (2) The Commission shall publicly disclose each dismissal.

#### Section 20-1029

(a)

  (1) In accordance with the Commission's regulations, the Commission shall:

    (i) review any findings, conclusions, or orders issued under Sec. 20-1028 of this subtitle; and

    (ii) issue a final order.

  (2) If a timely appeal of the findings, conclusions, or orders issued under Sec. 20-1028 of this subtitle is not filed with the Commission in accordance with the Commission's regulations, the findings, conclusions, or orders issued by the administrative law judge under Sec. 20-1028 of this subtitle shall become a final order of the Commission.

(b) The Commission shall cause the findings of fact and conclusions of law made with respect to any final order for relief under this section, together with a copy of the order, to be served on each aggrieved person and respondent in the proceeding.

(c) If an order is issued concerning a discriminatory housing practice that occurred in the course of a business subject to licensing or regulation by a State or local unit, the Commission shall, within 30 days after the date of the issuance of the final order of the Commission or, if the order is judicially reviewed, 30 days after the final order is affirmed in substance after review:

  (1) send copies of the findings of fact and conclusions of law and the final order to the State or local unit; and

  (2) recommend to the State or local unit appropriate disciplinary action, including, if appropriate:

    (i) the suspension or revocation of the license of the respondent; or

    (ii) the suspension or debarment of the respondent from participation in State and local loan, grant, or other regulated programs.

#### Section 20-1030

(a) Subject to subsections (b) and (c) of this section, any party aggrieved by a final order for relief under Sec. 20-1029 of this subtitle may obtain judicial review of the order in accordance with the provisions for judicial review under Title 10, Subtitle 2 of this article.

(b) A petition for judicial review shall be filed within 30 days after the final order is entered.

(c) A petition for judicial review shall be filed in the circuit court for the county where the discriminatory housing practice is alleged to have occurred.

(d) If the Commission issues a final order in which a finding of a discriminatory housing practice is made, the Commission is a party in any appeal of the final order.

#### Section 20-1031

(a)

  (1) The Commission may file a petition for the enforcement of an order of the Commission and for appropriate temporary relief or a restraining order.

  (2) The petition shall be filed in the circuit court for the county where the discriminatory housing practice is alleged to have occurred or where any respondent resides or transacts business.

  (3) The clerk of the court shall send a copy of the petition to the parties to the proceedings before the Commission under Sec. 20-1029 of this subtitle or before the administrative law judge.

(b) Any party to the proceedings before the Commission under Sec. 20-1029 of this subtitle or before the administrative law judge may intervene in the circuit court in an enforcement proceeding brought under this section.

(c) Unless the failure or neglect to make the objection is excused because of extraordinary circumstances, an objection not made before the Commission under Sec. 20-1029 of this subtitle or before the administrative law judge may not be considered by the court in an enforcement proceeding brought under this section.

(d) If a petition for judicial review is not filed under Sec. 20-1030 of this subtitle, the findings of fact and conclusions of law in the Commission's final order shall be conclusive in connection with any petition for enforcement filed by the Commission under subsection (a) of this section after the 45th day after the order is entered.

(e) If a petition for judicial review has not been filed under Sec. 20-1030 of this subtitle within 60 days after the date the Commission's final order is entered, and the Commission has not sought enforcement of the order under subsection (a) of this section, any person entitled to relief under the order may petition for enforcement of the order in the circuit court for the county in which the discriminatory housing practice is alleged to have occurred.

#### Section 20-1032

(a)

  (1) If an election is made under Sec. 20-1026 of this subtitle, the Commission shall commence and maintain a civil action seeking relief under subsection (b) of this section on behalf of the aggrieved person.

  (2) The action shall be:

    (i) commenced within 60 days after the election is made; and

    (ii) filed in the circuit court for the county where the dwelling that is the subject of the alleged discriminatory housing practice is located.

  (3) Any aggrieved person with respect to the issues to be determined in a civil action under this section may intervene as of right in the civil action.

(b)

  (1)

    (i) In a civil action under this section, if the court finds that a discriminatory housing practice has occurred, the court may grant any relief, except for punitive damages, that a court could grant with respect to the discriminatory housing practice in a civil action under Sec. 20-1035 of this subtitle.

    (ii) Except for punitive damages, any relief that would accrue to an aggrieved person in a civil action commenced by that aggrieved person under Sec. 20-1035 of this subtitle shall also accrue to the aggrieved person in a civil action under this section.

    (iii) If monetary relief is sought for the benefit of an aggrieved person that does not intervene in the civil action, the court may not award the relief if the aggrieved person has not complied with discovery orders entered by the court.

  (2)

    (i) Except as provided in subparagraph (ii) of this paragraph, in addition to the relief authorized under paragraph (1) of this subsection, if the court finds that a discriminatory housing practice has occurred, the court may assess a civil penalty against the respondent to vindicate the public interest and to be paid to the General Fund of the State:

      (1) if the respondent has not been adjudicated to have committed any prior discriminatory housing practice, in an amount not exceeding $10,000;

      (2) if the respondent has been adjudicated to have committed one other discriminatory housing practice during the 5-year period ending on the date of the filing of the current charge, in an amount not exceeding $25,000; and

      (3) if the respondent has been adjudicated to have committed two or more discriminatory housing practices during the 7-year period ending on the date of the filing of the current charge, in an amount not exceeding $50,000.

    (ii) If the discriminatory housing practice is committed by an individual who has been previously adjudicated to have committed one or more discriminatory housing practices, the time periods set forth in paragraph (2)(i)2 and 3 of this subsection do not apply.

#### Section 20-1033

In an administrative proceeding under Sec. 20-1027 of this subtitle, a court proceeding arising from the administrative proceeding, or a civil action under Sec. 20-1032 of this subtitle, the administrative law judge or the court may allow the prevailing party, including the Commission, reasonable attorney's fees and costs.

#### Section 20-1034

The Office of Administrative Hearings and the Commission shall adopt regulations to implement Sec.Sec. 20-1026 through 20-1033 of this subtitle.

#### Section 20-1035

(a) In accordance with this section, an aggrieved person may commence a civil action in an appropriate State court to obtain appropriate relief for an alleged discriminatory housing practice or the breach of a conciliation agreement entered into under this part.

(b)

  (1) The action shall be filed within 2 years after the later of the occurrence or termination of the alleged discriminatory housing practice or the breach of the conciliation agreement.

  (2)

    (i) Except as provided in subparagraph (ii) of this paragraph, the computation of the 2-year period does not include any time during which an administrative proceeding under this part was pending for a complaint or charge based on the alleged discriminatory housing practice.

    (ii) Subparagraph (i) of this paragraph does not apply to an action arising from a breach of a conciliation agreement.

  (3) Except as provided in subsection (c) of this section, an aggrieved person may commence a civil action under this section:

    (i) not sooner than 130 days after a complaint has been filed under Sec. 20-1021 of this subtitle; and

    (ii) regardless of the status of any complaint.

(c)

  (1) If the Commission or a State or local unit has obtained a conciliation agreement with the consent of an aggrieved person, the aggrieved person may not file an action under this section for the alleged discriminatory housing practice that forms the basis for the complaint, except for the purpose of enforcing the terms of the conciliation agreement.

  (2) An aggrieved person may not commence a civil action under this section with respect to an alleged discriminatory housing practice that forms the basis of a charge issued by the Commission, if an administrative law judge has commenced a hearing on the record under this part with respect to the charge.

(d) On application by a person alleging a discriminatory housing practice or a person against whom a discriminatory housing practice is alleged, the court may:

  (1) appoint an attorney for the person; or

  (2) if, in the opinion of the court, the person is financially unable to bear the costs of the action, authorize the commencement or continuation of a civil action under subsection (a) of this section without the payment of fees, costs, or security.

(e)

  (1) In a civil action under this section, if the court finds that a discriminatory housing practice has occurred, the court may:

    (i) award to the plaintiff actual and punitive damages; and

    (ii) subject to subsection (f) of this section, grant as relief, as the court considers appropriate, any permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in the practice or ordering affirmative action.

  (2) In a civil action under this section, the court may allow the prevailing party reasonable attorney's fees and costs.

(f) Relief granted under this section may not affect any contract, sale, encumbrance, or lease consummated before the granting of relief and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the filing of a complaint with the Commission or civil action under this part.

(g) If the Commission certifies that the case is of general public importance and on timely application, the Commission may:

  (1) intervene in a civil action brought under this section; and

  (2) obtain any relief that would be available to the Commission under Sec. 20-1036(c) of this subtitle.

#### Section 20-1036

(a) The Commission may commence a civil action in the appropriate circuit court if the Commission has probable cause to believe that:

  (1)

    (i) a person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this part and Subtitle 7 of this title; or

    (ii) any group of persons has been denied any of the rights granted by this part and Subtitle 7 of this title; and

  (2) the resistance or denial raises an issue of general public importance.

(b) The Commission or other party at whose request a subpoena is issued under this part may enforce a subpoena in appropriate proceedings in the circuit court for the county in which the person to whom the subpoena was addressed resides, was served, or transacts business.

(c)

  (1) In a civil action under subsection (a) of this section, the court may:

    (i) award preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of Subtitle 7 of this title as necessary to ensure the full enjoyment of the rights granted by Subtitle 7 of this title;

    (ii) award other relief the court considers appropriate, including monetary damages to aggrieved persons; and

    (iii) to vindicate the public interest, assess a civil penalty against the respondent:

      (1) in an amount not exceeding $50,000, for a first violation; and

      (2) in an amount not exceeding $100,000, for any subsequent violation.

  (2) In a civil action under this section, the court may allow the prevailing party, including the Commission, reasonable attorney's fees and costs.

(d)

  (1) On timely application, a person may intervene in a civil action commenced by the Commission under subsection (a) or (b) of this section, if the action involves:

    (i) an alleged discriminatory housing practice to which the person is an aggrieved person; or

    (ii) a conciliation agreement to which the person is a party.

  (2) The court may grant any appropriate relief to any intervening party that is authorized to be granted to a plaintiff in a civil action under Sec. 20-1035 of this subtitle.

#### Section 20-1037

(a) If the Commission concludes at any time after the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this part and Subtitle 7 of this title, the Commission may bring a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint under this part.

(b) An action under this section shall be brought in the circuit court for the county where the dwelling that is the subject of the alleged discriminatory housing practice is located.

(c) The commencement of a civil action under this section does not affect the initiation or continuation of administrative proceedings under this part.

#### Section 20-1040

(a) In this part the following words have the meanings indicated.

(b) "Attorney General" means the Attorney General and the Office of the Attorney General.

(c)

  (1) "Civil rights violation" means an act of discrimination prohibited under the U.S. Constitution, the Maryland Constitution, or State or federal law.

  (2) "Civil rights violation" includes a discriminatory act as defined in Sec. 20-101 of this title.

#### Section 20-1041

(a) The Attorney General may investigate, prosecute, and remediate, on behalf of the residents of the State, any conduct that constitutes a civil rights violation.

(b) The Attorney General may not bring a civil rights action under this part:

  (1) on behalf of an individual;

  (2) against a political subdivision;

  (3) against any unit of State or local government established by law; or

  (4) against any employee or agent of an entity identified in item (2) or (3) of this subsection who is acting under the color of law.

(c) Nothing in this part may be interpreted to impair the rights and powers of the Commission under Subtitles 1 through 11 of this title.

#### Section 20-1042

(a) If the Attorney General has reasonable cause to believe that a person is engaged in discrimination prohibited by the U.S. Constitution, the Maryland Constitution, or State or federal law, the Attorney General may commence a civil action in accordance with this part.

(b) The civil action shall be instituted in the circuit court for the county where:

  (1) the alleged violator resides or has a principal place of business; or

  (2) the alleged violation occurred.

#### Section 20-1043

(a) To obtain relief with respect to an alleged civil rights violation, an action shall be commenced not later than 3 years after the discovery, occurrence, or termination, whichever occurs last, of the alleged civil rights violation.

(b) To obtain relief with respect to an alleged breach of a conciliation or settlement agreement entered into under this title, an action shall be commenced not later than 3 years after the discovery, occurrence, or termination of the alleged breach.

#### Section 20-1044

(a) Before initiating a civil action, the Office of the Attorney General shall conduct a preliminary investigation to determine whether there is reasonable cause to believe that any person committed a civil rights violation.

(b) During any examination, investigation, or hearing, the Office of the Attorney General may:

  (1) subpoena witnesses;

  (2) administer oaths;

  (3) examine individuals under oath; and

  (4) compel production of records, books, papers, contracts, and other documents.

(c) Unless obtained by a method independent of a subpoena, information obtained under a subpoena described under this section is not admissible in a later criminal proceeding against the person who provides the evidence.

(d)

  (1) Except as provided in paragraph (2) of this subsection, the Attorney General may commence a civil action under this part.

  (2) If the Attorney General obtains a conciliation or settlement agreement under this part, no action may be filed under this part with respect to the alleged conduct that forms the basis for the complaint covered by the agreement except for the purpose of enforcing the terms of the agreement.

(e) The Attorney General may intervene in a civil action concerning an alleged civil rights violation, if:

  (1) the Attorney General certifies that the case is of general importance; and

  (2) timely application is made.

#### Section 20-1045

(a) The Attorney General may seek an injunction to prohibit a person that has engaged or is engaging in a civil rights violation, from continuing or engaging in the violation.

(b) In a request for injunctive relief brought under this section, the Attorney General is not required to:

  (1) post bond;

  (2) allege or prove that an adequate remedy at law does not exist; or

  (3) allege or prove that substantial or irreparable damage would result from any conduct alleged.

(c) The Office of the Attorney General shall serve notice of the general relief sought on the alleged violator at least 7 days before the action for an injunction is filed.

(d) The court may enter any order of judgment necessary to:

  (1) prevent the use by a person of any prohibited practice;

  (2) restore to a person any money, real property, or personal property acquired by means of any prohibited practice; or

  (3) appoint a receiver to prevent willful violation of this title.

#### Section 20-1046

(a) In any civil action brought under this part, or any conciliation or settlement agreement entered into under this part, the Attorney General may obtain as a remedy equitable relief, including:

  (1) a permanent injunction;

  (2) a preliminary injunction;

  (3) a temporary restraining order; or

  (4) any other order, including:

    (i) an order enjoining the defendant from engaging in civil rights violations; or

    (ii) an order requiring any appropriate action.

(b)

  (1) In any civil action brought under this part, or any conciliation or settlement agreement entered into under this part, the Attorney General may obtain a civil penalty to vindicate the public interest.

  (2) A civil penalty imposed under this subsection shall be in an amount not exceeding:

    (i) $10,000 for a first violation; or

    (ii) $25,000 for a second or subsequent violation.

  (3) The fines provided for in this subsection:

    (i) are civil penalties and are recoverable by the State in a civil action; and

    (ii) shall be deposited in the Civil Rights Enforcement Fund established under Sec. 20-1047 of this part.

(c) In any civil action brought under this part, or any conciliation or settlement agreement entered into under this part, the Attorney General may obtain restitution, including a requirement that the violator or alleged violator:

  (1) reimburse the costs of the investigation and litigation to the Attorney General and the Commission;

  (2) make restitution to any aggrieved person of money, property, or any other thing received from the aggrieved person in connection with a violation or an alleged violation of this title;

  (3) pay economic damages to an aggrieved person; or

  (4) post a performance bond or other security.

#### Section 20-1047

(a) In this section, "Fund" means the Civil Rights Enforcement Fund.

(b) There is a Civil Rights Enforcement Fund.

(c) The purpose of the Fund is to provide funding for:

  (1) civil rights enforcement activities of the Attorney General and the Commission; and

  (2) education and outreach in the community relating to civil rights violations.

(d)

  (1) The Fund is a special, nonlapsing fund that is not subject to Sec. 7-302 of the State Finance and Procurement Article.

  (2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

(e) The Fund consists of:

  (1) civil penalties deposited into the Fund under Sec. 20-1046 of this part;

  (2) money appropriated in the State budget to the Fund; and

  (3) any other money from any other source accepted for the benefit of the Fund.

(f) The Fund may be used only:

  (1) to reimburse the Attorney General and the Commission for costs associated with investigating and prosecuting civil rights violations; and

  (2) education and outreach in the community relating to civil rights violations.

(g)

  (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

  (2) Interest earnings of the Fund shall be credited to the General Fund of the State.

(h) Expenditures from the Fund may be made only in accordance with the State budget.

(i) Money of the Fund is not subject to transfer by budget amendment.

(j) Money expended from the Fund for the enforcement activities of the Attorney General and the Commission is supplemental to and is not intended to take the place of funding that would otherwise be appropriated for the Attorney General or the Commission.

#### Section 20-1048

(a) In areas of overlapping jurisdiction, the Attorney General and the Commission shall coordinate and make referrals to minimize and eliminate duplication of effort and promote collaboration.

(b)

  (1) The Attorney General, in coordination with the Commission, shall adopt regulations to implement this section.

  (2) The Attorney General shall publish proposed regulations under this subsection for notice and comment on or before July 1, 2024.

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Md. Code Ann., State Gov't (as displayed at mgaleg.maryland.gov, October 16, 2026)