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Ch. 305
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LAWS OF MARYLAND
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1064
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businesses in civil and administrative cases brought by
certain State agencies.
BY adding to
Article - Courts and Judicial Proceedings
Section 11-108
Annotated Code of Maryland
(1980 Replacement Volume and 1982 Supplement)
Article 41 - Governor - Executive and Administrative
Departments
Section 255A
Annotated Code of Maryland
(1982 Replacement Volume)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Courts and Judicial Proceedings
11-108.
Article 41 - Governor - Executive and Administrative
Departments
255A.
(A) (1) IN THIS SECTION, THE FOLLOWING TERMS HAVE THE
MEANINGS INDICATED.
(2) "SMALL BUSINESS" MEANS AN INDEPENDENTLY OWNED AND
OPERATED BUSINESS WITH LESS THAN 100 EMPLOYEES. 50 EMPLOYEES ON
THE DATE THAT A COMPLAINT IS ISSUED BY THE AGENCY. THE EMPLOYEES
OF ANY CORPORATION THAT OWNS 50 PERCENT OR MORE OF THE STOCK OF
THE BUSINESS AGAINST WHICH THE COMPLAINT IS ISSUED SHALL BE
COUNTED FOR THE PURPOSE OF DETERMINING THE NUMBER OF EMPLOYEES OF
THE BUSINESS.
(3) "REASONABLE LITIGATION EXPENSES" MEANS THOSE
EXPENSES NOT IN EXCESS OF $10,000 THAT THE AGENCY OR COURT FINDS
WERE REASONABLY INCURRED IN OPPOSING THE AGENCY ACTION, INCLUDING
COURT COSTS, EXPENSES INCURRED IN ADMINISTRATIVE PROCEEDINGS,
ATTORNEY'S FEES, WITNESS FEES OF ALL NECESSARY WITNESSES, AND
OTHER EXPENSES REASONABLY INCURRED.
(4) "AGENCY" DOES NOT INCLUDE AN AGENCY CREATED BY
GENERAL LAW, WHICH OPERATES " LESS THAN STATEWIDE IN 2 OR MORE
POLITICAL SUBDIVISIONS.
(B) IN ANY CIVIL ACTION BROUGHT IN A COURT OF THIS STATE BY
A SMALL BUSINESS AGAINST A STATE AGENCY AS A RESULT OF SOME
PREVIOUS REGULATORY OR ADMINISTRATIVE ACTION TAKEN BY THE STATE
AGENCY AGAINST THAT SMALL BUSINESS, THE COURT MAY AWARD THE SMALL
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