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§ 19-107. Investigation of complaints; protective orders

West's Annotated Code of MarylandState Finance and ProcurementEffective: October 1, 2009

West's Annotated Code of Maryland
State Finance and Procurement
Division II. General Procurement Law [Titles 11-End] (Refs & Annos)
Title 19. Commercial Nondiscrimination Policy (Refs & Annos)
Effective: October 1, 2009
MD Code, State Finance and Procurement, § 19-107
§ 19-107. Investigation of complaints; protective orders
Currentness
In general
(a) Commission staff shall be responsible for directing and conducting investigations of discrimination and retaliation complaints filed under this title in a manner consistent with §§ 20-208, 20-1005, 20-1006, 20-1008, 20-1009, and 20-1010 of the State Government Article.
State personnel, consultants
(b) The Commission may request assignment of additional State personnel or outside consultants as may be reasonably necessary or appropriate to conduct an investigation.
Evidence, cost of investigation travel
(c)(1) Commission staff shall exercise reasonable judgment in seeking relevant evidence from the complainant, the respondent business entity and, as necessary, external sources.
(2) This title may not be construed to require the State to fund the cost of:
(i) having State staff or other individuals travel outside the State to investigate any claim under this title; or
(ii) having witnesses travel to the State for the purpose of investigating a claim or testifying at a hearing or proceeding under this title.
Confidentiality of investigation
(d)(1) Consistent with § 20-1101 of the State Government Article, the Public Information Act,1 and the Open Meetings Act,2 the Commission shall protect the confidential character of information relating to an investigation and may issue protective orders for good cause to limit, or otherwise impose conditions on, access by any person to any document in the possession of a party.
(2) A protective order issued under paragraph (1) of this subsection may include:
(i) a document in the possession of the State or otherwise in the record that is not a public record; and
(ii) information disclosed in accordance with § 19-116 of this title.
Extent of investigation
(e) The Commission shall exercise reasonable discretion in determining the extent of the investigation required to support Commission staff's initial findings and recommendations.
Discrimination claims
(f)(1) The Commission may investigate and adjudicate a claim of discrimination under this title only if the claim alleges that:
(i) the discrimination was committed by a business entity within the limitations period set forth in § 19-101(c) of this title; and
(ii) the discrimination occurred in the State.
(2) Discrimination is deemed to have occurred in the State only if:
(i) each party operated a place of business in, or resided in, the State at the time of the discrimination; or
(ii) the discriminatory act was committed in the State.

Credits

Added by Acts 2006, c. 283, § 1, eff. Oct. 1, 2006. Amended by Acts 2007, c. 529, § 1, eff. Oct. 1, 2007; Acts 2007, c. 530, § 1, eff. Oct. 1, 2007; Acts 2008, c. 36, § 1, eff. April 8, 2008; Acts 2009, c. 121, § 1, eff. Oct. 1, 2009.

Footnotes

1
State Government, § 10-611 et seq.
2
State Government, § 10-501 et seq.
MD Code, State Finance and Procurement, § 19-107, MD STATE FIN & PROC § 19-107
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document