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Session Laws, 1969
Volume 692, Page 2102   View pdf image
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2102                              MUNICIPAL CHARTERS

be given under oath or by affirmation. The Commission Panel shall keep
a full record of the hearing, which record shall be public and open to in-
spection by any person, and upon request by any principal party to the
proceeding the Commission Panel shall furnish such party a copy of the
hearing record, if any, at such cost as the Commission Panel deems ap-
propriate.

(g) At the conclusion of the hearing, the Commission Panel shall
determine, upon the preponderance of the evidence, that the person com-
plained against has violated this Article, the Commission Panel shall,
after consultation with the County Attorney in executive session, (i)
state its findings to and cause the County Attorney to prepare and issue
an order under Commission Panel directive requiring the person com-
plained against to cease and desist from such unlawful conduct and to
take such affirmative action as will effectuate the purposes of this Article,
with notice that if the Commission Panel determines that the person com-
plained against has not, after fifteen (15) days following service of the
Commission Panel's order, complied with the order, the Commission Panel
will recertify the matter to the County Attorney for enforcement. The
County Attorney shall promptly institute civil proceedings, including the
seeking of such restraining orders and temporary or permanent injunc-
tions, as is necessary and possible to obtain complete compliance with the
Commission Panel's order.

(h) At any time after a complaint has been filed, the Commission
Panel believes that appropriate civil action to preserve the status quo or
to prevent irreparable harm appears advisable, the Commission Panel may
after consultation with the County Attorney or his authorized designee
certify the matter to the County Attorney to bring any action necessary
to preserve such status quo or to prevent such irreparable harm, including
but not limited to temporary restraining orders and preliminary injunc-
tions.

At any time after a complaint has been filed, the Commission Panel
shall, for good cause shown by substantial evidence that it is necessary
and proper in order to protect any party having a pecuniary interest in
the proceedings from damages in the event that it is found that the
complaint should not have been filed or that no violation occurred require
that the complainant post a bond with the Commission Panel in such
amount as to compensate for such damages. Such bond shall answer for
any pecuniary damages. Any such party, or the complainant, may im-
mediately file a petition in the Circuit Court for Montgomery County to
review the determination. Any such review by the Court shall be held de
novo and solely on the issue of whether or not such bond should be re-
quired. If the Commission Panel finds the complainant unable to place
such bond, it may place the bond itself and, if the Commission Panel finds
that the complaint should not have been filed, or that no violation occurred
it may bring an action on behalf of the County against the com