Current through Register Vol. 51, No. 19, September 20, 2024
A.
Engagement in Pattern and Practice Discrimination. In accordance with State
Government Article, §
20-1036(a),
Annotated Code of Maryland, the Commission may take action upon the finding by
the Commission that it has probable cause to believe that:
(1) A person or group of persons is engaged
in a pattern and practice of resistance to the full enjoyment of any of the
rights granted by State Government Article, §§
20-701"20-710 and
20-1020"20-1037, Annotated Code of Maryland; or
(2) Any group of persons has been denied any
of the rights granted by State Government Article, §§
20-701"20-710 and
20-1020"20-1037, Annotated Code of Maryland, and that the denial or resistance
raises an issue of general public importance.
B. Enforcement. The Commission may commence a
civil action in the appropriate circuit court.
C. Subpoena. A subpoena issued under this
regulation and State Government Article, §
20-1036(b),
Annotated Code of Maryland, may be enforced by the Commission or other party at
whose request the subpoena is issued in appropriate proceedings in the circuit
court for Baltimore City or the county in which the person to whom the subpoena
was addressed resides, was served, or transacts business.
D. Relief. The court, in accordance with
State Government Article, §
20-1036(c),
Annotated Code of Maryland, may:
(1) Award
preventive relief, including a permanent or temporary injunction, restraining
order, or other order against the person responsible for a violation of State
Government Article, §§
20-701"20-710 and
20-1020"20-1037, Annotated Code of Maryland, as is necessary to assure the full
enjoyment of the rights granted by State Government Article, Title 20,
Annotated Code of Maryland;
(2)
Award other relief as the court deems appropriate, including monetary damages
to persons aggrieved; and
(3) To
vindicate the public interest, assess a civil penalty against the respondent:
(a) In an amount not exceeding $50,000 for a
first violation, and
(b) In an
amount not exceeding $100,000 for any subsequent violation.
E. Attorney's Fees and
Cost. The Court, in its discretion, may allow the prevailing party, including
the Commission, reasonable attorney's fees and costs.
F. Intervention.
(1) Upon timely application, a person may
intervene in a civil action commenced by the Commission under State Government
Article, §
20-1036(d),
Annotated Code of Maryland, and this regulation, if the action involves:
(a) An alleged discriminatory housing
practice to which the person is an aggrieved person; or
(b) A conciliation agreement to which the
person is a party.
(2)
The court may grant appropriate relief to any intervening party as is
authorized to be granted to a plaintiff in a civil action under State
Government Article, §
20-1035(e),
Annotated Code of Maryland.
(3)
Attorney's fees and cost shall be allowed in the discretion of the court or
administrative law judge as follows:
(a) An
intervenor shall be liable for reasonable attorney's fees and costs only to the
extent that an intervenor's participation in the administrative proceeding was
frivolous or vexatious, or was for the purpose of harassment; or
(b) To the extent that an intervenor is a
prevailing party, the respondent shall be liable for reasonable attorney's
fees.
