§ 19-9. Enforcement procedures.

(a) Filing complaints.

Any person subjected to a practice in violation of this subtitle, or any group or person seeking to enforce this subtitle, may file a written complaint with the Commission.

(b) Complaint requirements.

A complaint filed under this section must:

(1) be filed within 1 year of the alleged violation;

(2) be filed under oath; and

(3) include:

(i) the particulars of the alleged violation;

(ii) the name and address of the person alleged to have committed the violation; and

(iii) any other information required by the Commission.

The Commission, acting on its own initiative and without any complaint from an employee, may itself file a complaint against an incumbent business employer or successor business employer whenever the Commission has reasonable cause to believe that the incumbent business employer or successor business employer is or has been in violation of this subtitle.

(d) Investigation for probable cause.

After the filing of a complaint, either by a person claiming to be aggrieved as set forth above or by the Commission, the Commission must:

(1) investigate the facts alleged in the complaint; and

(2) make a finding of probable cause or lack of probable cause for the complaint.

(e) Subpoenas; Oaths.

(1) In enforcing this subtitle, the Commission may:

(i) issue subpoenas to compel the attendance and testimony of witnesses and the production of books, papers, records, and documents relating to payroll records, or otherwise necessary for hearings, investigations, or proceedings; and

(ii) administer oaths, subject to the penalties for perjury, to all witnesses.

(2) Any subpoena issued under this subsection shall be served by:

(i) the Sheriff of Baltimore City or any of the Sheriff's deputies; or

(ii) any other person authorized by the Maryland Rules of Procedure to effectuate in personam service.

(f) Subpoena enforcement.

(1) In case of disobedience to a subpoena, the Commission may apply to a court of appropriate jurisdiction for an order requiring the attendance and testimony of witnesses and the production of books, papers, records, and documents.

(2) The court, in case of contumacy or refusal to obey any subpoena issued under this section, after notice to the person subpoenaed, and upon finding that the attendance or testimony of the witnesses or the production of the books, papers, records, and documents, as the case may be, is relevant or necessary for a hearing, investigation, or proceeding of the Commission, may issue an order requiring the attendance and testimony of the sought witnesses and the production of the sought books, papers, records, and documents, or any of them.

(3) Any failure to obey such an order of the court may be punished by the court as contempt.

(g) Dismissal for lack of probable cause.

If the Commission finds that the complaint lacks probable cause, then it must dismiss the complaint and mail copies of its finding to the respondent and complainant.

(h) Probable cause conference; Settlement agreement.

(1) If the Commission finds probable cause for the complaint, the Commission must attempt, by means of conference, to:

(i) persuade the respondent to cease and desist its illegal action;

(ii) reinstate any employees to their former positions under the conditions required by § 19-3 {"Employer responsibilities"} of this subtitle; and

(iii) order payment to any employees of all wages and other compensation owed for the period of time that they were unlawfully terminated, as provided in § 19-10 {"Penalties"} of this subtitle.

(2) Any agreement reached between the respondent and the Commission must be reduced to writing and a copy of the agreement must be furnished to the complainant and the respondent.

(i) Final order.

(1) The Commission may issue a final order on its own motion if:

(i) the Commission and the respondent fail to reach an agreement within 30 days of the date set for the probable cause conference, or

(ii) the respondent fails to meet its obligations under an agreement with the Commission within the time specified in the agreement.

(2) A final order issued under this subsection may:

(i) require the reinstatement of an employee or employees wrongfully terminated in violation of § 19-3 {"Employer responsibilities"} of this subtitle;

(ii) require the respondent to pay each employee wrongfully terminated in violation of § 19-3 {"Employer responsibilities"} of this subtitle his or her lost wages and other compensation to the date of the violation, as provided in § 19-10 {"Penalties"} of this subtitle; and

(iii) direct the cessation of all practices by the respondent that are contrary to the provisions of this subtitle or the rules and regulations of the Commission.

(3) A copy of an order issued under this subtitle must be furnished to the respondent by registered mail within 3 days of its issuance.

(j) Judicial and appellate review.

(1) Any person aggrieved by an order of the Commission may seek judicial review of that order by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules.

(2) A party to the judicial review may appeal the court's final judgment to the Court of Special Appeals in accordance with the Maryland Rules.

(k) Referral to Solicitor.

If, within 30 days of the issuance of a final order under subsection (i) of this section, the respondent has failed to comply with the order, the Commission may certify the proceedings to the City Solicitor and request that the Solicitor petition the Circuit Court of Baltimore City to enforce the order.