Section 20-1024 – Conciliation
(a) During the period between the filing of a complaint and the filing of a charge or a dismissal by the Commission, the Commission, to the extent feasible, shall engage in conciliation with respect to the complaint. (b) (1) A conciliation agreement is subject to approval by the Commission. (2) (i) A conciliation agreement may provide for binding arbitration of […]
Section 20-1025 – Certification of Case; Issuance and Service of Charges
(a) Except as provided in subsections (c) and (d) of this section, if the Commission determines that probable cause exists to believe that a discriminatory housing practice has occurred or is about to occur and that conciliation has failed, the Executive Director of the Commission or the Executive Director’s designee shall certify the case for processing. […]
Section 20-1026 – Election of Civil Action
(a) When a charge is issued and served under § 20–1025 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 § 20–1032 of this subtitle instead of a hearing under § 20–1027 of […]
Section 20-1027 – Administrative Hearing
(a) If an election is not made under § 20–1026 of this subtitle, the Commission shall provide an opportunity for a hearing on the record with respect to a charge issued under § 20–1025 of this subtitle. (b) (1) The Commission shall delegate the conduct of a hearing under this section to the Office of Administrative Hearings. (2) An […]
Section 20-1028 – Decision of Administrative Law Judge
(a) (1) 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 posthearing memoranda. (2) 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 […]
Section 20-1029 – Final Decision and Order
(a) (1) In accordance with the Commission’s regulations, the Commission shall: (i) review any findings, conclusions, or orders issued under § 20–1028 of this subtitle; and (ii) issue a final order. (2) If a timely appeal of the findings, conclusions, or orders issued under § 20–1028 of this subtitle is not filed with the Commission in accordance with the Commission’s […]
Section 20-1030 – Judicial Review
(a) Subject to subsections (b) and (c) of this section, any party aggrieved by a final order for relief under § 20–1029 of this subtitle may obtain judicial review of the order in accordance with the provisions for judicial review under Title 10, Subtitle 2 of this article. (b) A petition for judicial review shall be filed […]
Section 20-1031 – Petition to Enforce Commission’s Order
(a) (1) The Commission may file a petition for the enforcement of an order of the Commission and for appropriate temporary relief or a restraining order. (2) The petition shall be filed in the circuit court for the county where the discriminatory housing practice is alleged to have occurred or where any respondent resides or transacts business. (3) The […]
Section 20-1032 – Civil Action by Commission on Behalf of Aggrieved Person
(a) (1) If an election is made under § 20–1026 of this subtitle, the Commission shall commence and maintain a civil action seeking relief under subsection (b) of this section on behalf of the aggrieved person. (2) The action shall be: (i) commenced within 60 days after the election is made; and (ii) filed in the circuit court for the […]
Section 20-1033 – Attorney’s Fees and Costs
In an administrative proceeding under § 20–1027 of this subtitle, a court proceeding arising from the administrative proceeding, or a civil action under § 20–1032 of this subtitle, the administrative law judge or the court may allow the prevailing party, including the Commission, reasonable attorney’s fees and costs.