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Session Laws, 1963
Volume 671, Page 404   View pdf image (33K)
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406                             LAWS OF MARYLAND                      [CH. 228

(e)   If upon all the evidence, the hearing tribunal COMMISSION
finds that the respondent has engaged in any discriminatory act with-
in the scope of any of these subtitles, it shall
SO state its findings
and recommendations thereto and certify them to the Commission.
The Commission thereupon shall issue and cause to be served upon
the respondent an order requiring the respondent to cease and desist
from the discriminatory acts and to take such affirmative action as
will effectuate the purposes of the particular subtitle.

(f)   If upon all the evidence, the hearing tribunal COMMISSION
finds that the respondent has not engaged in any such alleged dis-
criminatory act within the scope of the particular subtitle, it shall
state its findings of fact and shall similarly issue and file an order
dismissing the complaint.

14.

(a)   If any respondent refuses to comply with an order of the
Commission made within the scope of any of these subtitles, the
Commission may certify the matter to the state's attorney of the
political subdivision in which is located the residence or main office
of the respondent.

(b)   Within not less than twenty days and not more than forty
days after receiving such a certification, the State's Attorney of the
political subdivision, in the name of the State, shall petition in equity
in the court of the county or in an equity court of the Supreme Bench
of Baltimore City to secure compliance with the order of the Com-
mission and with the provisions of the particular subtitle. There-
after, the court may grant such temporary relief or restraining order
as to it seems just and proper, and may make an order enforcing,
modifying and enforcing, as so modified, or setting aside in whole
or in part the order of the Commission; provided, however, that
where the respondent contests the petition no restraining or enforcing
order shall issue except upon facts independently found after a ple-
nary hearing and without regard to any findings made by the Com-
mission or its tribunal. All findings of facts and conclusions of law
shall be made by the court unless the respondent in his answer to
the petition elects a jury trial, in which case the court shall frame
issues embodying all questions of fact, which issues shall be tried
before a jury.

(c)   An appeal in such a case may be taken to the Court of Appeals,
as in other equity cases in the county or in Baltimore City.

(D) A RESPONDENT, IN HIS DISCRETION FOLLOWING
ANY OF THE PROCEEDINGS UNDER SECTION 12 OF THIS
SUBTITLE, MAY ELECT TO HAVE THE COMPLAINT SUB-
MITTED DIRECTLY TO THE COURT UNDER THIS SECTION
14, IN WHICH EVENT HE PROMPTLY SHALL NOTIFY THE
STATE'S ATTORNEY AND THE COMMISSION OF HIS ELEC-
TION. THEREUPON, THERE SHALL BE NO PROCEEDINGS
OR ACTION UNDER SECTION 13; AND THE STATE'S ATTOR-
NEY SHALL PETITION IN EQUITY AGAINST THE RESPOND-
ENT ON THE BASIS OF THE COMPLAINT. THE COURT OR
JURY SHALL DETERMINE THE JUSTICE OF THE COM-
PLAINT AND EITHER DISMISS IT OR ISSUE AN APPRO-
PRIATE ORDER AGAINST THE RESPONDENT, SO FAR AS

 

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Session Laws, 1963
Volume 671, Page 404   View pdf image (33K)
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