(a)      (1)      When a charge is filed under § 30 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 subsection (l) of this section instead of a hearing under subsection (b) of this section.

            (2)      The election authorized under paragraph (1) of this subsection shall be made no later than 20 days after the complainant, respondent, or aggrieved person on whose behalf the complaint was filed receives service under § 30 of this subtitle or, in the case of the Commission, no later than 20 days after service under § 30 of this subtitle is made to all other parties.

            (3)      A person who makes an election under paragraph (1) of this subsection shall give notice of the election to the Commission and to all other complainants, respondents, and aggrieved persons on whose behalf the complaints were filed to whom the charge relates.

      (b)      (1)      If an election is not made under subsection (a) of this section, the Commission shall provide an opportunity for a hearing on the record with respect to a charge issued under § 30 of this subtitle.

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

            (3)      An administrative law judge shall conduct the hearing at a place in the county in which the discriminatory housing practice is alleged to have occurred or about to occur.

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

      (c)      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 permitted by this section.

      (d)      (1)      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.

            (2)      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.

            (3)      The Office of Administrative Hearings and the Commission shall adopt regulations to implement this section.

      (e)      After the beginning of the trial of a civil action that is commenced by an aggrieved party under an act of Congress or a 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.

      (f)      (1)      (i)      Unless it is impracticable to do so, the administrative law judge shall commence the hearing under this section no later than 120 days following 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.

            (2)      (i)      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 post-hearing memoranda.

                  (ii)      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.

            (3)      (i)      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 that may include actual damages suffered by the aggrieved person and injunctive or other equitable relief.

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

                        1.      In an amount not exceeding $10,000 if the respondent has not been adjudged to have committed any prior discriminatory housing practice;

                        2.      In an amount not exceeding $25,000 if the respondent has been adjudged to have committed 1 other discriminatory housing practice during the 5-year period ending on the date of the filing of this charge; and

                        3.      In an amount not exceeding $50,000 if the respondent has been adjudged to have committed 2 or more discriminatory housing practices during the 7-year period ending on the date of the filing of this charge.

                  (iii)      If the acts constituting the discriminatory housing practice that is the object of the charge are committed by the same natural person who has been previously adjudged to have committed acts constituting a discriminatory housing practice, then the civil penalties set forth in subparagraph (ii) of this paragraph may be imposed without regard to the period of time within which any subsequent discriminatory housing practice occurred.

            (4)      No order issued under paragraph (3) of this subsection shall 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 subtitle.

            (5)      (i)      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.

                  (ii)      The Commission shall make public disclosure of each dismissal.

      (g)      (1)      In accordance with its regulations, the Commission shall review any findings, conclusions, or orders issued under subsection (f) of this section and issue a final order.

            (2)      If no timely appeal of the findings, conclusions, or orders issued under subsection (f) of this section is filed with the Commission in accordance with its regulations, the findings, conclusions, or orders issued by the administrative law judge under subsection (f) of this section shall become a final order of the Commission.

            (3)      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 each respondent in the proceeding.

            (4)      In the case of an order concerning a discriminatory housing practice that occurred in the course of a business subject to licensing or regulation by a State or local agency, the Commission shall, not later than 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:

                  (i)      Send copies of the findings of fact, conclusions of law, and the final order to the State or local agency; and

                  (ii)      Recommend to the State or local agency appropriate disciplinary action including, where appropriate:

                        1.      The suspension or revocation of the license of the respondent; or

                        2.      The suspension or debarment of the respondent from participation in State and local loan, grant, or other regulated programs.

      (h)      (1)      Except as provided in paragraph (2) of this subsection, any party aggrieved by a final order for relief under this section may obtain a review of the order in accordance with the provisions for judicial review under Title 10, Subtitle 2 of the State Government Article.

            (2)      (i)      Venue of the proceeding shall be in the judicial circuit in which the discriminatory housing practice is alleged to have occurred, and filing of the petition for review shall be not later than 30 days after the order is entered.

                  (ii)      If the Commission issues a final order in which a finding of discrimination is made, the Commission is a party in any appeal of that final order.

      (i)      (1)      The Commission may petition the circuit court for the county in which the discriminatory housing practice is alleged to have occurred, or in which any respondent resides or transacts business, for the enforcement of the order of the Commission and for appropriate temporary relief or restraining order by filing in the court a written petition praying that the order be enforced and for appropriate temporary relief or restraining order.

            (2)      A copy of the petition shall be transmitted by the clerk of the court to the parties to the proceedings before the Commission under subsection (g) of this section or before the administrative law judge.

            (3)      In an enforcement proceeding brought under this subsection:

                  (i)      Any party to the proceedings before the Commission under subsection (g) of this section or before the administrative law judge may intervene in the circuit court; and

                  (ii)      Unless the failure or neglect to urge the objection is excused because of extraordinary circumstances, an objection not made before the Commission under subsection (g) of this section or before the administrative law judge may not be considered by the court.

      (j)      If no petition for review is filed under subsection (h) of this section the findings of fact and conclusions of law of the Commission's final order shall be conclusive in connection with any petition for enforcement that is filed by the Commission under subsection (i) of this section after the end of the 45th day after the order is entered.

      (k)      If, within 60 days after the date the Commission's final order is entered, no petition for review has been filed under subsection (h) of this section, and the Commission has not sought enforcement of the order under subsection (i) of this section, any person entitled to relief under the order may petition for a decree enforcing the order in the circuit court for the county in which the discriminatory housing practice is alleged to have occurred.

      (l)      (1)      If an election is made to pursue judicial action under subsection (a) of this section, the Commission shall commence and maintain not later than 60 days after the election is made, a civil action seeking relief under this subsection on behalf of the aggrieved person in the circuit court for the county where the dwelling that is the subject of the alleged discrimination is located.

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

            (3)      In a civil action under this subsection, if the court finds that a discriminatory housing practice has occurred, the court may grant as relief:

                  (i)      Except for punitive damages, any relief that a court could grant with respect to the discriminatory housing practice in a civil action under § 33 of this subtitle; and

                  (ii)      Except as provided in paragraph (4) of this subsection, a civil penalty against the respondent to vindicate the public interest and to be paid to the General Fund of the State:

                        1.      In an amount not exceeding $10,000 if the respondent has not been adjudged to have committed any prior discriminatory housing practice;

                        2.      In an amount not exceeding $25,000 if the respondent has been adjudged to have committed 1 other discriminatory housing practice during the 5-year period ending on the date of the filing of this charge; and

                        3.      In an amount not exceeding $50,000 if the respondent has been adjudged to have committed 2 or more discriminatory housing practices during the 7-year period ending on the date of the filing of this charge.

            (4)      If the acts constituting the discriminatory housing practice that is the object of the charge are committed by the same natural person who has been previously adjudged to have committed acts constituting a discriminatory housing practice, then the civil penalties set forth in paragraph (3)(ii) of this subsection may be imposed without regard to the period of time within which any subsequent discriminatory housing practice occurred.

            (5)      (i)      Except for punitive damages, any relief that would accrue to an aggrieved person in a civil action commenced by that aggrieved person under § 33 of this subtitle shall also accrue to the aggrieved person in a civil action under this subsection.

                  (ii)      If monetary relief is sought for the benefit of an aggrieved person who 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.

      (m)      In any administrative proceeding brought under this section, any court proceeding arising from the administrative proceeding, or any civil action under this section, the administrative law judge or the court, in its discretion, may allow the prevailing party, including the Commission, reasonable attorney's fees and costs.