(a) In case of failure to reach an agreement for the elimination of the
acts of discrimination and upon the entry of findings to that effect,
the entire file including the complaint and any and all findings made
shall be certified to. The Chairman 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 before a hearing examiner at a time and
place certified in the notice.
The case shall thereupon be heard by a hearing examiner and the
hearing shall be held in the county where the alleged act of
discrimination took place. A transcript of all testimony at the hearing
shall be made. The case in support of the complaint shall be presented
at the hearing by the general counsel of the Commission.
(b) The respondent may file a written answer to the complaint and appear at
the hearing in person, or otherwise, with or without counsel. The
respondent may submit testimony and shall be fully heard. He may
examine and cross-examine witnesses.
(c) The Commission may permit reasonable amendment to be made to any
complaint or answer. Testimony taken at the hearing shall be under oath
and recorded.
(d) (1) In the administration and enforcement of the provisions of these
several subtitles, the Commission has power to:
(i) Administer oaths and to issue subpoenas;
(ii) Compel the attendance and testimony of witnesses; and
(iii) Compel the production of books, papers, records and documents relevant
or necessary for proceedings under the particular subtitle.
(2) Any subpoena shall be served by:
(i) Certified mail, requesting restricted delivery - Show to whom, date,
address of delivery; or
(ii) Personal service of process by:
1. An employee of the Commission;
2. Any person who is not a party and is not less than 18 years of age; or
3. 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.
(3) (i) In case of disobedience to 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.
(ii) In case of contumacy or refusal to obey a subpoena for the attendance
of a witness or the production of books, papers, records, and
documents, after notice to the person subpoenaed as a witness or
directed to produce books, papers, records and documents, and upon 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, the court may issue an
order requiring the attendance and testimony of the witness and the
production of the books, papers, records and documents.
(iii) Any failure to obey such an order of the court may be punished by the
court as a contempt thereof.
(iv) 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 political subdivision where the residence or main office of the
person is located.
(e) If upon all the evidence, the hearing examiner finds that the
respondent has engaged in any discriminatory act within the scope of
any of these subtitles, the hearing examiner shall so state the
findings. The hearing examiner shall issue and cause to be served upon
the respondent an order requiring the respondent to cease and desist
from the discriminatory acts and to take affirmative action to
effectuate the purposes of the particular subtitle. 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, but is not
limited to, reinstatement or hiring of employees, with or without back
pay (payable by the employer, employment agency, or labor organization,
as the case may be, responsible for the unlawful employment practice),
or any other equitable relief that is deemed appropriate. The award of
monetary relief shall be limited to a 36-month period. The complainant
may not be awarded monetary relief for losses incurred between the time
of the Commission's final determination and the final determination by
the circuit court or higher appellate court, as the case may be.
Interim earning or amounts earnable with reasonable diligence by the
person or persons discriminated against shall operate to reduce the
monetary relief otherwise allowable. In cases of discrimination other
than those involving employment, in addition to the award of civil
penalties as specifically provided in this article, nonmonetary relief
may be granted to the complainant, except that in no event shall an
order be issued that substantially affects the cost, level, or type of
any transportation services. In cases involving transportation services
which are supported fully or partially with funds from the Maryland
Department of Transportation, no order may be issued which would
require costs, level, or type of transportation services different from
or in excess of those required to meet U.S. Department of
Transportation regulations adopted pursuant to Section 504 of the
Rehabilitation Act of 1973, codified as 29 U.S.C. § 794, nor would any
such order be enforceable under Section 12(a) of this subtitle.
(f) The provisions of subsection (e) granting the authority to award
monetary relief to a complainant shall apply only to those complaints
filed with the Commission on or after July 1, 1977.
(g) If upon all the evidence, the hearing examiner or the Commission finds
that the respondent has not engaged in any alleged discriminatory act
within the scope of the particular subtitle, it shall state its
findings of fact and shall similarly issue and file an order dismissing
the complaint.
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