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2007 Laws of Maryland
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Ch. 427
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(G) (1) (I) IF THE COMMISSION FAILS TO COMPLY WITH ANY
PROVISION OF THIS SUBTITLE SECTION AND A COMMISSION EMPLOYEE IS
ADVERSELY AFFECTED, THE CERTIFIED REPRESENTATIVE OF THE EMPLOYEE
MAY FILE AN ACTION APPEAL ON THE RECORD ON BEHALF OF THE EMPLOYEE
IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, THE CIRCUIT COURT FOR
PRINCE GEORGE'S COUNTY, OR THE DISTRICT COURT OF MARYLAND,
DEPENDING ON THE AMOUNT IN CONTROVERSY BEFORE THE STATE OFFICE OF
ADMINISTRATIVE HEARINGS IN ACCORDANCE WITH THE CONTESTED CASE
PROVISIONS OF THE ADMINISTRATIVE PROCEDURE ACT, TITLE 10, SUBTITLE 2
OF THE STATE GOVERNMENT ARTICLE.
(II) OF A COURT ENTERS A JUDGMENT IN FAVOR OF A
COMMISSION EMPLOYEE, THE COMMISSION SHALL REIMBURSE THE EMPLOYEE
FOR ANY LOSSES INCURRED BY THE EMPLOYE AND REIMBURSE THE
CERTIFIED REPRESENTATIVE FOR ALL COSTS AND ATTORNEY'S FEES.
(II) 1. IF THE HEARING OFFICER FINDS THAT THE
COMMISSION WAS ARBITRARY AND CAPRICIOUS IN SOLICITING OR ENTERING
INTO A SERVICE CONTRACT THAT IS SUBJECT TO THE REQUIREMENTS OF THIS
SECTION, AND THE COMMISSION EMPLOYEE HAS BEEN ADVERSELY AFFECTED,
THE HEARING OFFICER MAY AWARD THE EMPLOYEE ACTUAL DAMAGES FOR
BACK PAY AND FRONT PAY FOR A COMBINED PERIOD OF UP TO 2 YEARS
BEGINNING ON THE DATE THE EMPLOYEE WAS FIRST ADVERSELY AFFECTED,
PROVIDED THAT THE EMPLOYEE IS OBLIGATED TO MITIGATE THE ACTUAL
DAMAGES.
2. THE AWARD OF ACTUAL DAMAGES AUTHORIZED
UNDER THIS PARAGRAPH SHALL BE THE SOLE AND EXCLUSIVE REMEDY FOR A
VIOLATION OF THIS SECTION THAT IS AVAILABLE TO THE EMPLOYEE, AND NO
LIABILITY SHALL ACCRUE FOR PUNITIVE DAMAGES, CONSEQUENTIAL DAMAGES,
OR DAMAGES FOR EMOTIONAL DISTRESS OR PAIN AND SUFFERING.
(2) NONCOMPLIANCE WITH THIS SECTION MAY NOT INVALIDATE
A CONTRACT AWARD OR PROPOSED CONTRACT AWARD THAT THE COMMISSION
HAS OTHERWISE VALIDLY AWARDED OR ISSUED.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2007.
Approved by the Governor, May 8, 2007.
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- 2568 -
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