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Session Laws, 1972
Volume 708, Page 1292   View pdf image
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1292                             Laws of Maryland                      [Ch. 408

The Commission is authorized to make such reasonable rules and
regulations as it deems necessary to carry out the provisions of this
article and any other law relating to the Commission.

14.

(a) In case of failure to reach an agreement for the elimination
of the acts of discrimination and upon the entry of findings to that
effect, the entire file including the complaint and any and all findings
made shall be certified to. The chairman shall cause a written notice
to be issued and served in the name of the Commission together with
a copy of the complaint requiring the respondent to answer the
charges of the complaint at a public hearing before the Commission
at such time and place as may be certified in the notice.

The chairman shall thereupon appoint a hearing tribunal of [five]
three persons who shall be members of the Commission to hear such
complaint, and said hearing shall be held in the county where the
alleged act of discrimination took place. The chairman may appoint
a Hearing Master from a list of lawyers who
have been proposed
by the Commission and
approved by the Governor. The Hearing

Master shall preside at the hearing and shall act as legal advisor to

the hearing tribunal, but shall not have a vote in its decisions. A

transcript of all testimony at the hearing shall be made. The case
in support of the complaint shall be presented at the hearing by the
general counsel of the Commission and no commissioner who previ-
ously made or participated in the investigation or caused the com-
plaint to be filed shall participate in the hearing [except as a witness,
nor shall he participate in the deliberations of the tribunal in such
case] as a member of the tribunal or in the review of a decision of
a hearing tribunal pursuant to subsection (g) of this section.

(g) If a decision of a hearing tribunal is not unanimous, the
aggrieved party may petition within ten days to the remaining
members of the Commission for a review of the decision. Such
review by the Commission shall be limited to a review of the entire
record of proceedings before the hearing tribunal; provided, how-
ever, the Commission may order further argument if necessary in
making such a review. The Commission, after making such a review,
shall affirm, reverse or modify the decision of the hearing tribunal
and an appropriate order shall be filed in accordance with this action.

15.

     [(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, represented by its general counsel, institute litiga-
tion in the appropriate equity court of the county or in Baltimore

City where the alleged discrimination took place to enforce com-

pliance with any of the provisions of this article.

The court, in hearing said case shall be governed by the judicial
review standards as set forth in the Administrative Procedures Act,

Sections 255-256 of Article 41 of the Annotated Code of Maryland,
except that additional
evidence if otherwise admissible under the law
of evidence, may be presented to the court without the necessity of
an application or without the necessity of showing reasons for the
failure to present it at the hearing before the Commission.

4.

 

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Session Laws, 1972
Volume 708, Page 1292   View pdf image
 Jump to  
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