1594                                        LAWS OF MARYLAND                                    Ch. 431

(1)  The complainant or the appointing authority
challenges the findings of the [Secretary's] initial
investigation of a complaint;

(2)  The complainant challenges the adequacy of the
corrective action taken by the Secretary; or

(3)  The Secretary, OR GOVERNOR'S DESIGNEE, 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, 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 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 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.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall

take effect July 1, 1986.
Approved May 13, 1986.