(a) It is the policy of the State not to enter into a contract with any business entity that has discriminated in the solicitation, selection, hiring, or commercial treatment of vendors, suppliers, subcontractors, or commercial customers on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, or on the […]
It is the intent of the State to avoid becoming a passive participant in private sector commercial discrimination by refusing to procure goods and services from business entities that discriminate in the solicitation, selection, hiring, or commercial treatment of vendors, suppliers, subcontractors, or commercial customers on the basis of race, color, religion, ancestry or national […]
(a) In this title the following words have the meanings indicated. (b) “Administrative law judge” means the individual assigned by the Office of Administrative Hearings to conduct a hearing under this title. (c) (1) “Business entity” means any person, as defined in § 1–101(d) of this article, firm, sole proprietorship, partnership, corporation, limited liability company, or other business entity […]
(a) As a condition of participating in an economic development project, the State shall require the governmental entity, quasi-governmental entity, corporation, developer, or contractor that receives assistance from the State to comply with this title: (1) in administering the economic development project; and (2) in awarding contracts to manage or perform the work entailed in the economic development […]
(a) The provisions of this title are to be liberally construed to accomplish its objectives and purposes. (b) For purposes of administration, the Commission shall construe the provisions of this title. (c) A decision of the Commission is subject to judicial review under § 19-113 of this title.
(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 […]
(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 […]
(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 […]
(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 […]
(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 […]
(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 […]
(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 […]
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.
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 […]
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 […]
Every contract that the State enters into shall include the following language: “As a condition of entering into this agreement, upon the request of the Commission on Civil Rights, and only after the filing of a complaint against the company under Title 19 of the State Finance and Procurement Article, as amended from time to […]
The remedies provided by this title are in addition to any other statutory, legal, or equitable remedies that may be available and are not intended to be prerequisite to or exclusive of any other remedies.
The filing, investigation, hearing, and appeal of a complaint under this title may not hinder or affect the eligibility for bidding, award of, performance of, or payment on a contract prior to a final adjudicated decision that establishes a violation.
(a) In accordance with Title 10 of the State Government Article, the Commission shall adopt regulations to implement this title. (b) The Commission may establish documentation and reporting requirements to further the purposes and intent of this title.
This title and any regulations adopted under this title may be cited as the “Commercial Nondiscrimination Policy”.
