Ch. 5

2003 LAWS OF MARYLAND

(1)      IF THE DEPARTMENT DETERMINES THAT A VIOLATION OF THE
MARYLAND ACCESSIBILITY CODE EXISTS, THE DEPARTMENT MAY RESOLVE ANY
ISSUE RELATED TO THE VIOLATION BY MEDIATION AND CONCILIATION.

(2)      IN ADDITION, THE DEPARTMENT MAY BRING AN ACTION FOR
EQUITABLE OR OTHER APPROPRIATE RELIEF IN A COURT IN THE JURISDICTION IN
WHICH THE VIOLATION OCCURRED, INCLUDING AN ACTION TO ENJOIN THE
CONSTRUCTION, RENOVATION, OR OCCUPANCY OF A BUILDING OR FACILITY THAT
VIOLATES THE MARYLAND ACCESSIBILITY CODE.

(3)      NOTWITHSTANDING PARAGRAPH (2) OF THIS SUBSECTION, THE
DEPARTMENT MAY NOT SEEK AN INJUNCTION UNTIL 5 WORKING DAYS AFTER THE
DEPARTMENT HAS SOUGHT TO RESOLVE THE VIOLATION THROUGH MEDIATION AND
CONCILIATION.

(G) PROSECUTION BY ATTORNEY GENERAL.

THE ATTORNEY GENERAL MAY PROSECUTE CIVIL CASES THAT ARISE UNDER
THIS SECTION THAT ARE REFERRED TO THE ATTORNEY GENERAL BY THE
DEPARTMENT.

(H) COOPERATION WITH HUMAN RELATIONS COMMISSION.

(1)      THE DEPARTMENT SHALL COOPERATE WITH AND PROVIDE
TECHNICAL ASSISTANCE TO THE HUMAN RELATIONS COMMISSION CONCERNING AN
ACTION BROUGHT BY THE HUMAN RELATIONS COMMISSION TO ENFORCE ARTICLE
49B, § 22 OF THE CODE.

(2)      THIS SECTION DOES NOT LIMIT THE AUTHORITY OF THE HUMAN
RELATIONS COMMISSION TO ENFORCE ARTICLE 49B, § 22 OF THE CODE.

(I) VIOLATION OF MARYLAND ACCESSIBILITY CODE PROHIBITED; PENALTIES.

(1)      A PERSON MAY NOT WILLFULLY VIOLATE THE MARYLAND
ACCESSIBILITY CODE.

(2)      A PERSON WHO VIOLATES THIS SUBSECTION IS GUILTY OF A
MISDEMEANOR AND ON CONVICTION IS SUBJECT FOR EACH VIOLATION TO
IMPRISONMENT NOT EXCEEDING 3 MONTHS OR A FINE NOT EXCEEDING $500 FOR
EACH DAY THE VIOLATION EXISTS OR BOTH.

(3)      A PENALTY IMPOSED UNDER THIS SUBSECTION IS IN ADDITION TO
AND NOT A SUBSTITUTE FOR ANY OTHER PENALTY IMPOSED UNDER FEDERAL,
STATE, OR LOCAL LAW.

REVISOR'S NOTE: Subsection (a) of this section is new language added to
avoid repetition of the full title of the "Department of Housing and
Community Development".

Subsections (b) through (i) of this section are new language derived
without substantive change from former Art. 83B, § 6-102.

In subsection (b)(1) of this section, the former reference to "an appropriate

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