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Home » US Law » 2022 Maryland Statutes » Labor and Employment » Title 3 - Employment Standards and Conditions » Subtitle 9 - Workplace Fraud » Section 3-916 – Groundless or Malicious Complaint and Bad Faith Actions; Administrative Penalty; Attorneys’ Fees

    (a)    A person may not:

        (1)    make or cause to be made a groundless or malicious complaint to the Commissioner or an authorized representative of the Commissioner;

        (2)    in bad faith, bring an action under this subtitle or a proceeding related to the subject of this subtitle; or

        (3)    in bad faith, testify in an action under this subtitle or a proceeding related to the subject of this subtitle.

    (b)    The Commissioner shall investigate any allegations that a person has violated any provision of this section.

    (c)    (1)    If the Commissioner determines that a person has violated any provision of this section, that person may be subject to an administrative penalty of up to $1,000, assessed by the Commissioner.

        (2)    A sanction under paragraph (1) of this subsection shall be subject to the notice and hearing requirements of § 3–906 of this subtitle.

        (3)    If the person found in violation of this section is a person alleged to be employed by the respondent, the Commissioner shall disclose the identity of the complainant.

    (d)    Any person who must defend an action taken as a result of a groundless or malicious complaint may be entitled to recover attorneys’ fees.