Sec. 14.03.01.13. Election of a Civil Action

A. Right to Election of a Civil Action.

(1) A complainant or respondent may elect to have the Commission assert the claim in a civil action, pursuant to State Government Article, §20-1007, Annotated Code of Maryland, in lieu of an administrative action, pursuant to State Government Article, §20-1008, Annotated Code of Maryland.

(2) The complainant or respondent shall make an election of civil action not later than 30 days after receipt of notice of opportunity for an election.

(3) The complainant or respondent shall give notice of an election of civil action to all parties to the action, including the Commission.

B. Commission-Initiated Civil Actions.

(1) Pursuant to State Government Article, §20-1007(b), Annotated Code of Maryland, the Commission may elect to file a complaint in a civil action on the Commission’s own behalf if:

(a) The Commission determines there is probable cause to believe the respondent has engaged in or is engaging in a discriminatory act;

(b) Conciliation efforts have failed; and

(c) The file has been certified for public hearing.

(2) The Commission shall make the election within 30 days after certifying the file for public hearing.

(3) The Commission shall provide notice of the election to all parties.

C. Commencement of Civil Action.

(1) If an election for a civil action is made, either by the complainant or the Commission, the Commission's General Counsel shall commence a civil action seeking relief on behalf of the aggrieved person in the appropriate circuit court.

(2) The Commission shall file the civil action not later than 60 days after the election is made.

(3) The Commission shall file the civil action in the circuit court of Baltimore City or the county where the alleged discriminatory act occurred.

D. Intervention.

(1) Upon timely application, a person may intervene, pursuant to State Government Article, §20-1014(a), Annotated Code of Maryland, in a civil action brought by the Commission under this regulation if the action involves:

(a) An alleged act of discrimination to which the person is a party; or

(b) A conciliation agreement to which the person is a party.

(2) The court may grant any appropriate relief to an intervening party that is authorized to be granted to a plaintiff in a civil action filed under §B of this regulation.

E. Remedies. If the court determines that the respondent has engaged in a discriminatory practice, the court may provide remedies as specified in State Government Article, §20-1009(b), Annotated Code of Maryland.

F. Attorney's Fees and Costs.

(1) In an action brought under this regulation, the court, in its discretion, may award the prevailing party reasonable attorney's fees, expert witness fees, and costs.

(2) For an intervenor, attorney's fees and costs shall be allowed in the discretion of the court as follows:

(a) An intervenor is liable for reasonable attorney's fees and costs only to the extent that an intervenor's participation in the proceeding was frivolous or vexatious, or was for the purpose of harassment; or

(b) To the extent that an intervenor is a prevailing party, the respondent is liable for reasonable attorney's fees.