HARRY HUGHES, Governor

1319

(I)  AN ADJUDICATION, STIPULATION, OR ACCEPTANCE
OF LIABILITY OF THE BUSINESS;

(II)  A DETERMINATION OF NONCOMPLIANCE,
VIOLATION, INFRINGEMENT, DEFICIENCY, OR BREACH ON THE PART OF THE
BUSINESS; OR

(III)  A SETTLEMENT AGREEMENT UNDER WHICH THE
BUSINESS AGREES TO TAKE CORRECTIVE ACTION OR TO PAY A MONETARY
SUM.

(D)  CLAIM REQUIRED IN CONTESTED CASE.

(1)  TO QUALIFY FOR AN AWARD UNDER THIS SECTION WHEN
THE AGENCY HAS INITIATED A CONTESTED CASE, THE BUSINESS MUST MAKE
A CLAIM TO THE AGENCY BEFORE TAKING ANY APPEAL.

(2)  THE AGENCY SHALL ACT ON THE CLAIM.

(E)  AMOUNT.

(1)  AN AWARD UNDER THIS SECTION MAY INCLUDE:

(I)  THE EXPENSES INCURRED IN THE CONTESTED
CASE;

(II)  COURT COSTS;

(III)  COUNSEL FEES; AND

(IV)  THE FEES OF NECESSARY WITNESSES.

(2)  AN AWARD UNDER THIS SECTION MAY NOT EXCEED
$10,000.

(3)  THE COURT MAY REDUCE OR DENY AN AWARD TO THE
EXTENT THAT THE CONDUCT OF THE BUSINESS DURING THE PROCEEDINGS
UNREASONABLY DELAYED THE RESOLUTION OF THE MATTER IN CONTROVERSY.

(F)   SOURCE OF AWARD.

AN AWARD UNDER THIS SECTION SHALL BE PAID AS PROVIDED IN THE
STATE BUDGET.

(G)  APPEALS.

(1)   IF THE AGENCY DENIES AN AWARD UNDER THIS SECTION,
THE BUSINESS MAY APPEAL, AS PROVIDED IN THIS SUBTITLE.

(2)  AN AGENCY MAY APPEAL AN AWARD THAT A COURT MAKES
UNDER THIS SECTION.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 41, §§
244(b) and 255A(a)(2) through (f).