Section 19-106 – Administrative Complaints
(a) Any person may file an administrative complaint with the Commission within the limitations period set forth in § 19–101(c) of this title stating facts showing or tending to show that a business entity has within the preceding 4–year period engaged in discrimination or retaliation against that person in violation of this title. (b) Within 10 business […]
Section 19-107 – Investigation of Discrimination and Retaliation Complaints
(a) Commission staff shall be responsible for directing and conducting investigations of discrimination and retaliation complaints filed under this title in a manner consistent with §§ 20–208, 20–1005, 20–1006, 20–1008, 20–1009, and 20–1010 of the State Government Article. (b) The Commission may request assignment of additional State personnel or outside consultants as may be reasonably necessary or […]
Section 19-108 – Initial Findings and Recommendations
(a) In determining whether to proceed further with an investigation and in making findings, Commission staff may consider any evidence provided by the complainant or the respondent business entity as to the following factors: (1) whether there was an intent to discriminate on the part of the respondent business firm; (2) whether there was a pattern and practice […]
Section 19-109 – Request for Contested Case Hearing
(a) A request for a contested case hearing in accordance with the procedures specified in this section may be made by: (1) a business entity, upon a Commission determination of probable cause for one or more of the allegations stated in the complaint against the business entity, and failure of timely conciliation; or (2) a complainant on a […]
Section 19-110 – Remedy When Allegations Sustained
(a) When an allegation is sustained by an administrative law judge under this title, the administrative law judge may take additional evidence on the appropriate remedy to be recommended, including evidence relating to factors set forth in § 19–108(e) of this title and any other evidence deemed relevant by the administrative law judge. (b) If the administrative […]
Section 19-111 – Remedy for Filing False or Frivolous Allegations
(a) If the Commission determines that one or more allegations of a complaint filed under this title are false and that the complainant knew them to be false when filed, or that one or more of the allegations of a complaint are frivolous and without merit, the Commission may refuse to review or investigate any subsequent […]
Section 19-112 – Issuance of Final Administrative Decision
(a) Absent a request for a contested case hearing, the Commission’s findings and recommendations shall become the final administrative decision of the State, subject to such judicial review as is provided for in a contested case under § 10-222 of the State Government Article. (b) In cases where a contested case hearing has been requested, the administrative […]
Section 19-113 – Judicial Review
Any party who, after having exhausted all administrative remedies available, is aggrieved by a final decision of the Commission or the administrative law judge may seek judicial review of such decision under § 10-222 of the State Government Article.
Section 19-114 – Nondiscrimination Clause
Every contract and subcontract shall contain a nondiscrimination clause that reads as follows: “As a condition of entering into this agreement, the company represents and warrants that it will comply with the State’s Commercial Nondiscrimination Policy, as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland. As […]
Section 19-115 – Certification to Be Included in Request for Bids or Proposals
All requests for bids or proposals issued for State contracts shall include the following certification to be completed by the bidder: “The undersigned bidder hereby certifies and agrees that the following information is correct: In preparing its bid on this project, the bidder has considered all proposals submitted from qualified, potential subcontractors and suppliers, and […]