3002

LAWS OF MARYLAND

Ch. 850

(2)  THE COMPLAINANT CHALLENGES THE ADEQUACY OF
THE CORRECTIVE ACTION TAKEN BY THE SECRETARY; OR

(3)  THE SECRETARY FAILS TO ISSUE FINDINGS WITHIN
90 DAYS OF THE FILING OF A COMPLAINT AND THE COMPLAINANT
REQUESTS A HEARING.

(B)  (1) TESTIMONY TAKEN AT THE HEARING SHALL BE UNDER
OATH AND RECORDED, AND ANY PARTY MAY BE REPRESENTED BY
COUNSEL.

(2)  AT THE EARLIEST PRACTICABLE DATE, A WRITTEN
DECISION AND REASONS THEREFOR SHALL BE ISSUED.

(3)  A PREVAILING COMPLAINANT MAY BE AWARDED BACK
PAY, SENIORITY, LEAVE, COMPENSATORY DAMAGES PROMOTION,
REASONABLE ATTORNEY'S FEES, LITIGATION COSTS, OR OTHER
APPROPRIATE RELIEF.

(C)  A COMPLAINANT OR APPOINTING AUTHORITY MAY SECURE
REVIEW OF A DECISION UNDER THIS SECTION IN THE CIRCUIT COURT
OR BALTIMORE CITY COURT SUPREME BENCH FOR THE JURISDICTION
IN WHICH THE VIOLATION ALLEGEDLY OCCURRED. THE COURT IN
HEARING THIS CASE SHALL BE GOVERNED BY THE JUDICIAL REVIEW
STANDARDS OF THE ADMINISTRATIVE PROCEDURE ACT, §§ 255 AND
256 OF ARTICLE 41 OF THE ANNOTATED CODE. IN ADDITION TO
OTHER RELIEF, THE COURT MAY AWARD A PREVAILING COMPLAINANT
REASONABLE ATTORNEY'S FEES AND COSTS OF LITIGATION.

(D)  IN ANY HEARING HELD PURSUANT TO THIS SECTION,
CONFIDENTIALITY SHALL BE MAINTAINED REGARDING ANY RECORD OR
INFORMATION THE PRIVACY OF WHICH IS PROTECTED BY LAW OR
CONFIDENTIALITY OF WHICH IS PROTECTED PURSUANT TO ARTICLE
76A - PUBLIC INFORMATION. IF ANY RECORD SO PROTECTED IS
DEEMED ESSENTIAL TO THE CONDUCT OF A HEARING, NAMES AND
OTHER IDENTIFYING INFORMATION SHALL BE DELETED AS NECESSARY
TO MAINTAIN CONFIDENTIALITY.

12J.

THE ATTORNEY GENERAL SHALL:

(1)  DESIGNATE AN ASSISTANT TO RECEIVE FROM
EMPLOYEES ANY DISCLOSURE OF INFORMATION THE PRIVACY OF WHICH
IS PROTECTED BY LAW OR CONFIDENTIALITY OF WHICH IS PROTECTED
PURSUANT TO ARTICLE 76A - PUBLIC INFORMATION;

(2)  INVESTIGATE ANY ALLEGATION OF ILLEGALITY OR
IMPROPRIETY MADE BY AN EMPLOYEE PURSUANT TO A DISCLOSURE OF
INFORMATION THE PRIVACY OF WHICH IS PROTECTED BY LAW OR
CONFIDENTIALITY OF WHICH IS PROTECTED PURSUANT TO ARTICLE
76A - PUBLIC INFORMATION;

(3)  TAKE APPROPRIATE LEGAL ACTION BASED ON THE
INFORMATION DISCLOSED; AND