Md. Code Regs. 14.03.04.17

Current through Register Vol. 51, No. 18, September 6, 2024

Section 14.03.04.17 - Dismissals and Decisions

A. Dismissals. If the trial of a civil action that is commenced by an aggrieved party under an act of Congress or a State law and seeks relief for an alleged discriminatory housing practice has begun, an administrative law judge shall dismiss the administrative proceeding.

B. Decision of Administrative Law Judge.

(1) In General.

(a) Within the time period set forth in §B(6) of this regulation and State Government Article, § 20-1028(a), Annotated Code of Maryland, the administrative law judge shall issue a decision and provisional order including findings of fact and conclusions of law upon each material issue of fact and law presented on the record.

(b) Decisions and provisional orders by the administrative law judge shall be in accordance with COMAR 28.02.01.22C.

(2) Finding Against Respondent.

(a) If the administrative law judge finds that a respondent has engaged in a discriminatory housing practice, the administrative law judge shall issue a decision against the respondent and order such relief as may be appropriate.

(b) The relief may include, but is not limited to, the following:

(i) Actual damages suffered by the complainant or the aggrieved person including damages caused by humiliation or embarrassment;

(ii) Injunctive relief or such other equitable relief including, but not limited to, access to the dwelling at issue, or to a comparable dwelling, the provision of services or facilities in connection with a dwelling, or other specific relief;

(iii) Civil penalty against the respondent in accordance with State Government Article, § 20-1028(b)(2), Annotated Code of Maryland; and

(iv) In a proceeding involving two or more respondents, a civil penalty as provided under §B(2)(b)(iii) of this regulation assessed against each respondent found to be engaged in a discriminatory housing practice.

(3) Relief vindicating the public interest includes:

(a) Civil penalties;

(b) Remedial affirmative activities to overcome discriminatory housing practices;

(c) Reporting requirements; or

(d) Monitoring and enforcement activities.

(4) The administrative law judge may assess a civil penalty against the respondent in an amount that does not exceed:

(a) $10,000, if the respondent has not been adjudged by order of the administrative law judge or a court to have committed a prior discriminatory housing practice;

(b) Except as provided in §B(5) of this regulation, $25,000 if the respondent has been adjudged by order of the administrative law judge or a court to have committed one other discriminatory housing practice during the 5-year period ending on the date of the filing of the charge; or

(c) Except as provided in §B(5) of this regulation, $50,000 if the respondent has been adjudged by order of the administrative law judge or a court to have committed two or more discriminatory housing practices during the 7-year period ending on the date of the filing of the charge.

(5) If the acts constituting the discriminatory housing practice that is the object of the charge are committed by the same individual who has been previously adjudged to have committed acts constituting a discriminatory housing practice, the civil penalties in §§B(4)(b)-(c) of this regulation may be imposed without regard to the period of time within which any other discriminatory housing practice occurred.

(6) All civil penalties shall be awarded in accordance with COMAR 14.03.03.02C.

(7) At the request of the Commission, the Commission's General Counsel shall sue to recover a civil penalty due under this section.

(8) Restrictions on Relief. In accordance with State Government Article, § 20-1028(c), Annotated Code of Maryland, an order issued by the administrative law judge may not affect any contract, sale, encumbrance, or lease consummated before the issuance of the decision and provisional order that involved a bona fide purchaser, encumbrancer, or tenant without actual knowledge of the charges filed under Regulation .15 of this chapter.

(9) Finding in Favor of Respondent.

(a) If the administrative law judge finds that a respondent has not engaged in a discriminatory housing practice, the administrative law judge shall make a decision and provisional order dismissing the charge.

(b) The Commission shall make public disclosure of each dismissal.

(10) Date of Issuance.

(a) In accordance with State Government Article, § 20-1028(a), Annotated Code of Maryland, the administrative law judge shall issue a decision and provisional order within 60 days after the end of the hearing, unless it is impracticable to do so.

(b) If the administrative law judge is unable to issue the decision and provisional order within the time period (or within any succeeding 60-day period), the administrative law judge shall notify in writing all parties, the aggrieved person on whose behalf the charge was filed, and the Commission of the reasons for the delay.

C. Service of Decision and Provisional Order. In accordance with State Government Article, § 20-1029(b), Annotated Code of Maryland, the decision and provisional order of an administrative law judge shall be delivered to all parties, the aggrieved person on whose behalf the charge was filed, the respondent and the Commission with a notice indicating the right of the Commission, the aggrieved person, or the respondent to enter an appeal of this decision and provisional order to an appeal board of the Commission within 30 days.

D. Review by the Appeal Board. An appeal to an appeal board of the Commission shall be in accordance with COMAR 14.03.01.12C.

E. Final Decision and Order.

(1) In the absence of a timely appeal, the decision and provisional order of the administrative law judge shall become the final decision and order of the Commission signed by the chairman and from which no further administrative appeal may be taken.

(2) Appeal Noted.

(a) If an appeal is noted, the appeal board of the Commission in accordance with COMAR 14.03.01.12FF may review any finding of fact, conclusions of law, or order contained in the decision and provisional order of the administrative law judge and issue a final decision in the proceedings.

(b) The appeal board may affirm, reverse, or modify, in whole or in part, the decision and provisional order or remand the decision and provisional order for further proceedings.

(c) In making its determination, the appeal board shall consider the entire record, including the decision of the administrative law judge.

(d) The final decision and order shall be served on all parties, the aggrieved person on whose behalf the charge was filed, and the Commission's staff.

F. Action Upon Issuance of a Final Decision and Order - Licensed or Regulated Businesses.

(1) If a final decision and order includes a finding that a respondent has engaged, or is about to engage, in a discriminatory housing practice in the course of a business that is subject to licensing or regulation by a federal, State, or local governmental agency, the Commission shall:

(a) Notify the governmental agency of the decision by sending copies of the findings of fact and conclusions of law and the final decision to the governmental agency by certified mail;

(b) Recommend appropriate disciplinary action to the governmental agency, including, when appropriate, the suspension or revocation of the license of the respondent; or

(c) Recommend the suspension or disbarment of the respondent from participation in State and local loan, grant, or other regulated programs.

(2) Petition for Judicial Review.

(a) The Commission shall give notice of the appropriate disciplinary action to the governmental agencies within 30 days after the issuance of the final decision, unless a petition for judicial review of the final decision and order as described in Regulation .18 of this chapter has been filed before the issuance of the notification of the agency.

(b) If a petition for judicial review has been filed, the Commission shall provide the notification to the governmental agency within 30 days of the date that the final decision and order is affirmed on review.

(c) If a petition for judicial review is timely filed following the notification of the governmental agency, the Commission shall promptly notify the governmental agency of the petition and withdraw the recommendation.

G. Attorney's Fees and Costs.

(1) Following the issuance of the final decision and order under §E of this regulation, any prevailing party, including the Commission, may apply for attorney's fees and costs.

(2) The administrative law judge shall issue a decision and provisional order awarding or denying these fees and costs.

H. Final Administrative Disposition.

(1) The final disposition of a complaint by the administrative process shall be within 1 year of receipt of the complaint unless it is impracticable to do so.

(2) If the administrative disposition of the complaint does not occur within 1 year, the Commission shall notify in writing all parties, including the aggrieved person on whose behalf the charge was filed, of the reason for the delay.

I. Effect of Commission Order. A Commission order under State Government Article, §§ 20-1026"20-1034, Annotated Code of Maryland, and these regulations does not affect a contract, sale, encumbrance, or lease that was consummated before the Commission issued the order, and involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the charge filed under State Government Article, Title 20, Annotated Code of Maryland, or these regulations.

Md. Code Regs. 14.03.04.17