Md. Code Regs. 14.03.04.19

Current through Register Vol. 51, No. 22, November 1, 2024

Section 14.03.04.19 - Pattern and Practice

A. Engagement in Pattern and Practice Discrimination. In accordance with State Government Article, § 20-1036(a), Annotated Code of Maryland, the Commission may take action upon the finding by the Commission that it has probable cause to believe that:

(1) A person or group of persons is engaged in a pattern and practice of resistance to the full enjoyment of any of the rights granted by State Government Article, §§ 20-701"20-710 and 20-1020"20-1037, Annotated Code of Maryland; or

(2) Any group of persons has been denied any of the rights granted by State Government Article, §§ 20-701"20-710 and 20-1020"20-1037, Annotated Code of Maryland, and that the denial or resistance raises an issue of general public importance.

B. Enforcement. The Commission may commence a civil action in the appropriate circuit court.

C. Subpoena. A subpoena issued under this regulation and State Government Article, § 20-1036(b), Annotated Code of Maryland, may be enforced by the Commission or other party at whose request the subpoena is issued in appropriate proceedings in the circuit court for Baltimore City or the county in which the person to whom the subpoena was addressed resides, was served, or transacts business.

D. Relief. The court, in accordance with State Government Article, § 20-1036(c), Annotated Code of Maryland, may:

(1) Award preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of State Government Article, §§ 20-701"20-710 and 20-1020"20-1037, Annotated Code of Maryland, as is necessary to assure the full enjoyment of the rights granted by State Government Article, Title 20, Annotated Code of Maryland;

(2) Award other relief as the court deems appropriate, including monetary damages to persons aggrieved; and

(3) To vindicate the public interest, assess a civil penalty against the respondent:

(a) In an amount not exceeding $50,000 for a first violation, and

(b) In an amount not exceeding $100,000 for any subsequent violation.

E. Attorney's Fees and Cost. The Court, in its discretion, may allow the prevailing party, including the Commission, reasonable attorney's fees and costs.

F. Intervention.

(1) Upon timely application, a person may intervene in a civil action commenced by the Commission under State Government Article, § 20-1036(d), Annotated Code of Maryland, and this regulation, if the action involves:

(a) An alleged discriminatory housing practice to which the person is an aggrieved person; or

(b) A conciliation agreement to which the person is a party.

(2) The court may grant appropriate relief to any intervening party as is authorized to be granted to a plaintiff in a civil action under State Government Article, § 20-1035(e), Annotated Code of Maryland.

(3) Attorney's fees and cost shall be allowed in the discretion of the court or administrative law judge as follows:

(a) An intervenor shall be liable for reasonable attorney's fees and costs only to the extent that an intervenor's participation in the administrative proceeding was frivolous or vexatious, or was for the purpose of harassment; or

(b) To the extent that an intervenor is a prevailing party, the respondent shall be liable for reasonable attorney's fees.

Md. Code Regs. 14.03.04.19