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Ch. 530
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Martin O'Malley, Governor
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(5) whether the respondent business entity has procured goods or
services from or otherwise engaged in business with persons or entities of the same
protected class as the complainant to an extent sufficient to demonstrate that the
respondent business entity has not discriminated against such protected class in the
overall context of its business; and
(6) any other evidence deemed relevant by the Commission.
(b) Based on [the Office's] a review and investigation [,the Office]
CONSISTENT WITH ARTICLE 49B, § 10 OF THE CODE, COMMISSION STAFF shall
make an initial finding of each allegation stated in the complaint, that either:
(1) the investigation produced sufficient evidence to find that the
alleged discrimination or retaliation did take place ("[sustained] PROBABLE CAUSE");
(2) the investigation failed to produce sufficient evidence to find that
the alleged discrimination or retaliation took place ("[not sustained] NO PROBABLE
CAUSE");
(3) the investigation produced sufficient evidence to establish that the
complainant knowingly made one or more false or frivolous allegations, and further
investigation did not appear likely to produce sufficient evidence that the alleged
discrimination or retaliation did take place ("false or frivolous");
(4) the allegation has been settled or otherwise resolved with the
agreement of the respondent business entity, the complainant, and the State
("settled"); or
(5) the allegation has been withdrawn ("withdrawn").
(c) [The Office] COMMISSION STAFF shall make the initial findings under
subsection (b) of this section based on a preponderance of the evidence.
(d) On completion of its initial investigation, [the Office] COMMISSION
STAFF shall recommend to the Commission the appropriate action to be taken,
including:
(1) additional investigation of the complaint;
(2) the Commission's adoption of the initial findings rendered by [the
Office] COMMISSION STAFF;
(3) imposition of sanctions;
(4) imposition of remedies; or
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- 3447 -
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