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ROBERT L. EHRLICH, JR., Governor Ch. 283
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SUFFICIENT TO DEMONSTRATE THAT THE RESPONDENT BUSINESS ENTITY HAS NOT
DISCRIMINATED AGAINST SUCH PROTECTED CLASS IN THE OVERALL CONTEXT OF
ITS BUSINESS; AND
(6) ANY OTHER EVIDENCE DEEMED RELEVANT BY THE ATTORNEY
(B) BASED ON THE OFFICE'S REVIEW AND INVESTIGATION, THE OFFICE
SHALL MAKE AN INITIAL FINDING OF EACH ALLEGATION STATED IN THE
COMPLAINT, THAT EITHER:
(1) THE INVESTIGATION PRODUCED SUFFICIENT EVIDENCE TO FIND
THAT THE ALLEGED DISCRIMINATION OR RETALIATION DID TAKE PLACE
("SUSTAINED");
(2) THE INVESTIGATION FAILED TO PRODUCE SUFFICIENT EVIDENCE
TO FIND WHETHER THAT THE ALLEGED DISCRIMINATION OR RETALIATION TOOK
PLACE ("NOT SUSTAINED");
(3) THE INVESTIGATION PRODUCED SUFFICIENT EVIDENCE TO FIND
THAT THE ALLEGED DISCRIMINATION OR RETALIATION DID NOT TAKE PLACE
("UNFOUNDED'');
(4) (3) THE INVESTIGATION PRODUCED SUFFICIENT EVIDENCE TO
ESTABLISH THAT THE COMPLAINANT KNOWINGLY MADE ONE OR MORE FALSE OR
FRIVOLOUS ALLEGATIONS, AND FURTHER INVESTIGATION DID NOT APPEAR LIKELY
TO PRODUCE SUFFICIENT EVIDENCE THAT THE ALLEGED DISCRIMINATION OR
RETALIATION DID TAKE PLACE ("FALSE OR FRIVOLOUS");
(5) (4) THE ALLEGATION HAS BEEN SETTLED OR OTHERWISE
RESOLVED WITH THE AGREEMENT OF THE RESPONDENT BUSINESS ENTITY, THE
COMPLAINANT, AND THE STATE ("SETTLED"); OR
(6) (5) THE ALLEGATION HAS BEEN WITHDRAWN WITH THE
APPROVAL OF THE ATTORNEY GENERAL ("WITHDRAWN").
(C) THE ATTORNEY GENERAL SHALL APPROVE THE WITHDRAWAL OF AN
ALLEGATION BY THE COMPLAINANT UNLESS THE ATTORNEY GENERAL DETERMINES
THAT PERMITTING THE WITHDRAWAL IS NOT IN THE BEST INTERESTS OF THE
STATE.
(D) IF THE ATTORNEY GENERAL DETERMINES THAT THE COMPLAINANT'S
WITHDRAWAL OF AN ALLEGATION IS NOT IN THE BEST INTERESTS OF THE STATE,
THEN THE ATTORNEY GENERAL MAY CONTINUE THE INVESTIGATION WITHOUT THE
COMPLAINANT'S PARTICIPATION AS A PARTY.
(C) THE OFFICE SHALL MAKE THE INITIAL FINDINGS UNDER SUBSECTION (B)
OF THIS SECTION BASED ON A PREPONDERANCE OF THE EVIDENCE.
(E) (D) ON COMPLETION OF ITS INITIAL INVESTIGATION, THE OFFICE SHALL
RECOMMEND TO THE ATTORNEY GENERAL COMMISSION THE APPROPRIATE ACTION
TO BE TAKEN, INCLUDING:
- 1589 -
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