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2007 Laws of Maryland
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Ch. 176
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(3) (i) In case of disobedience to a subpoena, the Commission may
apply to a circuit court in any county for an order requiring the attendance and
testimony of witnesses and the production of books, papers, records, and documents.
(ii) In case of contumacy or refusal to obey a subpoena for the
attendance of a witness or the production of books, papers, records, and documents,
after notice to the person subpoenaed as a witness or directed to produce books,
papers, records and documents, and upon a finding that the attendance and testimony
of the witness or the production of the books, papers, records and documents is
relevant or necessary for the proceedings of the Commission, the court may issue an
order requiring the attendance and testimony of the witness and the production of the
books, papers, records and documents.
(iii) Any failure to obey such an order of the court may be
punished by the court as a contempt thereof.
(iv) An order issued by the court under this subsection shall be
served on the person to whom it is directed by the sheriff or deputy sheriff of the
political subdivision where the residence or main office of the person is located.
(e) (1) If [upon], AFTER REVIEWING all OF the evidence, the [hearing
examiner] ADMINISTRATIVE LAW JUDGE finds that the respondent has engaged in
any discriminatory act within the scope of [any of these subtitles] THIS ARTICLE, the
[hearing examiner] ADMINISTRATIVE LAW JUDGE shall so state the findings.
(2) The [hearing examiner] ADMINISTRATIVE LAW JUDGE shall
issue and cause to be served upon the respondent an order requiring the respondent to
cease and desist from the discriminatory acts and to take affirmative action to
effectuate the purposes of the particular subtitle.
(3) If the respondent is found to have engaged in or to be engaging in
an unlawful employment practice charged in the complaint, the remedy may include [,
but is not limited to, reinstatement or hiring of employees, with or without back pay
(payable by the employer, employment agency, or labor organization, as the case may
be, responsible for the unlawful employment practice), or any other equitable relief
that is deemed appropriate.]:
(i) ENJOINING THE RESPONDENT FROM ENGAGING IN THE
DISCRIMINATORY ACT;
(II) ORDERING APPROPRIATE AFFIRMATIVE RELIEF,
INCLUDING THE REINSTATEMENT OR HIRING OF EMPLOYEES, WITH OR
WITHOUT BACK PAY;
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- 1382 -
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