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Ch. 530
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Martin O'Malley, Governor
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law judge on the results of the investigation within the time frame the administrative
law judge may specify].
(4) The administrative law judge's written decision shall be solely
based on a preponderance of the evidence contained in the record of the contested case
hearing and shall reflect the evidentiary basis for its findings.
(5) AN ADMINISTRATIVE LAW JUDGE MAY CONSIDER ANY
EVIDENCE REGARDING THE FACTORS DESCRIBED IN § 19-108(A) OF THIS TITLE
WHEN DETERMINING WHETHER TO SUSTAIN AN ALLEGATION PRESENTED IN A
STATEMENT OF CHARGES.
(e) Notwithstanding any contrary provision in this title, unless the
administrative law judge finds that one or more allegations giving rise to the
Commission's findings or the business entity's challenge to the findings were frivolous
or knowingly false when made, each party shall bear the cost of its own legal
representation and expert witness fees.
(f) If the administrative law judge finds that one or more allegations giving
rise to the Commission's findings or the business entity's challenge to the findings was
frivolous or knowingly false when made, the administrative law judge may require the
party who made the frivolous or knowingly false allegations to bear all or a portion of
the other party's legal fees and expert witness fees.
(g) The business entity, the Commission, and the complainant shall
cooperate in good faith to have the contested case hearing concluded within 180 days
after the business entity issues its notice for a contested case hearing.
(h) If the Commission determines that one or more allegations are
KNOWINGLY false or frivolous, the complainant making the allegations shall be
entitled to a contested case hearing on the allegations that are determined to be
KNOWINGLY false or frivolous in accordance with the procedures set forth in this
section, except that all references to the business entity with respect to matters of
contested case hearing rules and procedure shall apply to the complainant.
(i) If the complainant fails to properly request a contested case hearing
regarding a determination of a KNOWINGLY false or frivolous allegation as provided in
this title, the initial findings and recommendations shall become the final
administrative decision of the State in accordance with § 19-112 of this title.
(j) (1) If a timely contested case hearing is not requested, the Commission
may vacate the [Office's] COMMISSION STAFF'S recommended remedy on written
notice to all parties within 5 business days after the time for requesting a contested
case hearing has expired.
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- 3451 -
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