Md. Code Regs. 14.03.01.14

Current through Register Vol. 51, No. 24, December 2, 2024

Section 14.03.01.14 - Private Right of Action

A. Right to Private Right of Action. Pursuant to State Government Article, § 20-1013, Annotated Code of Maryland, a complainant may file a private right of action against the respondent in the circuit court of Baltimore City or the county where the alleged discriminatory act occurred.

B. A complainant may file a private right of action if:

(1) The complainant initially filed a timely administrative charge or complaint under federal, State, or local law alleging a discriminatory act by the respondent;

(2) At least 180 days have elapsed since the date of filing of the administrative complaint; and

(3) The civil action is filed not more than 2 years after the occurrence of the alleged discriminatory act.

C. Notice of Intent to File a Private Right of Action. In a complaint that is filed with the Commission, the complainant shall provide written notice of intent to file a private right of action to the Commission and all parties to the action.

D. Dismissal of Proceedings Pursuant to Private Right of Action.

(1) Upon receipt of the complainant's written notice of intent to file a private right of action, the Commission shall cease further processing of the complaint provided that the prerequisites of §B of this regulation have been met.

(2) Within 90 days after providing written notice of intent to file a private right of action, the complainant shall provide the Commission with a copy of the bill of complaint indicating that a private right of action was filed.

(3) Upon receipt of the bill of complaint, the Executive Director shall issue written notice of dismissal of proceedings pursuant to Regulation .04F of this chapter.

(4) The Commission shall administratively close the case pursuant to Regulation .04E of this chapter.

E. Intervention.

(1) Upon timely application, the Commission may intervene, pursuant to State Government Article, § 20-1014(b), Annotated Code of Maryland, in a private right of action filed under this regulation if the Commission certifies that the case is of general public importance.

(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.

F. Remedies. If the court determines that the respondent has engaged in a discriminatory practice, the court may provide remedies in accordance with State Government Article, § 20-1013(d) -(e), Annotated Code of Maryland.

G. Attorney's Fees and Costs. 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.

Md. Code Regs. 14.03.01.14