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<regulation prefix="Regulation" num=".14" citation="COMAR 14.03.01.14" title_num="14" subtitle_num="03" chapter_num="01" heading="Private Right of Action.">
  <paragraph num="A.">
    <text>Right to Private Right of Action. Pursuant to State Government Article, §20-1013, Annotated Code of Maryland, a complainant may file a private right of action against the respondent in the circuit court of Baltimore City or the county where the alleged discriminatory act occurred.</text>
  </paragraph>
  <paragraph num="B.">
    <text>A complainant may file a private right of action if:</text>
    <paragraph num="(1)">
      <text>The complainant initially filed a timely administrative charge or complaint under federal, State, or local law alleging a discriminatory act by the respondent;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>At least 180 days have elapsed since the date of filing of the administrative complaint; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The civil action is filed not more than 2 years after the occurrence of the alleged discriminatory act.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Notice of Intent to File a Private Right of Action. In a complaint that is filed with the Commission, the complainant shall provide written notice of intent to file a private right of action to the Commission and all parties to the action.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Dismissal of Proceedings Pursuant to Private Right of Action.</text>
    <paragraph num="(1)">
      <text>Upon receipt of the complainant's written notice of intent to file a private right of action, the Commission shall cease further processing of the complaint provided that the prerequisites of §B of this regulation have been met.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Within 90 days after providing written notice of intent to file a private right of action, the complainant shall provide the Commission with a copy of the bill of complaint indicating that a private right of action was filed.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Upon receipt of the bill of complaint, the Executive Director shall issue written notice of dismissal of proceedings pursuant to Regulation .04F of this chapter.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The Commission shall administratively close the case pursuant to Regulation .04E of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Intervention.</text>
    <paragraph num="(1)">
      <text>Upon timely application, the Commission may intervene, pursuant to State Government Article, §20-1014(b), Annotated Code of Maryland, in a private right of action filed under this regulation if the Commission certifies that the case is of general public importance.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The court may grant any appropriate relief to an intervening party that is authorized to be granted to a plaintiff in a civil action filed under §B of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Remedies. If the court determines that the respondent has engaged in a discriminatory practice, the court may provide remedies in accordance with State Government Article, §20-1013(d)—(e), Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="G.">
    <text>Attorney's Fees and Costs. In an action brought under this regulation, the court, in its discretion, may award the prevailing party reasonable attorney's fees, expert witness fees, and costs.</text>
  </paragraph>
</regulation>