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3036
LAWS OF MARYLAND
Ch. 654
If, within 15 days of the notice, the respondent takes any action
which may be available to cure all alleged violations, the
complaint shall be dismissed by a signed order if the Commission
finds such action is not contrary to the purposes of this
article.
(4) If the complaint is not dismissed pursuant to
subsection (2) or (3), it shall hold a hearing on the complaint.
In preparation for the hearing, the respondent may use the
subpoena power of the Commission.
(5) At the hearing, the staff counsel shall present
to the Commission all evidence available to him relating to the
complaint. The staff counsel may recommend to the Commission
such disposition of the complaint as appears appropriate to him.
The respondent may be represented by counsel, and the proceeding
shall be conducted in accordance with the provisions of the
Administrative Procedure Act to the extent that Act is consistent
with this article.
(6) After consideration of all the evidence, the
Commission shall make findings of fact and conclusions of law
with respect to each of the alleged violations.
(7) If the Commission concludes that the respondent
has not violated any of the provisions of this article, the
Commission shall enter an order dismissing the complaint and
shall advise the complainant and respondent.
(8) If the Commission decides that the respondent has
violated any of the provisions of this article, the Commission
may issue an order of compliance to cease and desist from the
violation, may issue a reprimand, or may recommend to the
appropriate authority, if provided by law, for the censure, the
removal, or other appropriate disciplining of the respondent.
(9) If aggrieved by a final order of the Commission,
the respondent may request judicial review in accordance with the
provisions of the Administrative Procedure Act.
(10) The final order of the Commission shall be
stayed automatically until the time for seeking judicial review
has expired. If a timely appeal for judicial review is filed,
the final order shall be further stayed until the final
disposition of the matter by the court.
(11) The Commission may seek judicial relief as
provided in Title 7 of this article.
(12) If the Commission, in the course of considering
a complaint subject to (d), finds that there are reasonable
grounds to believe that the respondent may have committed a
criminal offense, the matter shall be referred promptly to an
appropriate prosecuting authority. The Commission shall make
available to the prosecuting authority all pertinent evidence
under its control.
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