WILLIAM DONALD SCHAEFER, Governor                           Ch. 10

(2) A RECORD THAT IS PROTECTED FROM DISCLOSURE UNDER TITLE
10, SUBTITLE 6 OF THE STATE GOVERNMENT ARTICLE MAY BE USED AS EVIDENCE IN
A HEARING ONLY IF:

(I)      THE MATERIAL IS ESSENTIAL TO THE CONDUCT OF THE
HEARING; AND

(II)     NAMES AND OTHER IDENTIFYING INFORMATION ARE
DELETED TO THE EXTENT NECESSARY TO MAINTAIN CONFIDENTIALITY.

(E)     WRITTEN DECISION.

AS SOON AS PRACTICABLE AFTER A HEARING, THE SECRETARY OR THE
GOVERNOR'S DESIGNEE SHALL ISSUE A WRITTEN DECISION THAT INCLUDES THE
REASONS FOR THE DECISION.

(F)     RELIEF TO PREVAILING COMPLAINANT AT HEARING.

A COMPLAINANT WHO PREVAILS AT A HEARING MAY BE AWARDED ANY
APPROPRIATE RELIEF, INCLUDING:

(1)      BACK PAY, LEAVE, PROMOTION, AND SENIORITY; AND

(2)      COSTS OF LITIGATION AND REASONABLE ATTORNEY'S FEES.

(G)     JUDICIAL REVIEW.

(1)      EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A
COMPLAINANT OR APPOINTING AUTHORITY MAY APPEAL THE DECISION ISSUED
UNDER SUBSECTION (E) OF THIS SECTION IN ACCORDANCE WITH §§ 10-215 AND
10-216 OF THE STATE GOVERNMENT ARTICLE.

(2)      THE APPEAL SHALL BE BROUGHT IN THE CIRCUIT COURT FOR THE
COUNTY IN WHICH THE VIOLATION ALLEGEDLY OCCURRED.

(3)      IN ADDITION TO ANY OTHER APPROPRIATE RELIEF, THE CIRCUIT
COURT MAY AWARD COSTS OF LITIGATION AND REASONABLE ATTORNEY'S FEES TO
A PREVAILING COMPLAINANT.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 64A, § 12-I.

Subsection (e) of this section is rephrased in the active voice to clarify who
must issue the written decision. As to the Secretary's power to delegate
hearing and decision making authority, see Title 2, Subtitle 3 of this article.

In subsection (g)(1) of this section, the phrase "[e]xcept as provided in
paragraph (2) of this subsection" is added to clarify the apparent intent that
the specific venue provisions of former Art. 64A, § 12-I(c) control appeals
under this section, instead of the general provisions of the State Government
Article. Section 10-215(b) of the State Government Article provides for

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