§ 16-407. Failure to comply with subtitle
West's Annotated Code of MarylandLand UseEffective: October 1, 2012
Effective: October 1, 2012
MD Code, Land Use, § 16-407
§ 16-407. Failure to comply with subtitle
(a) If the Commission fails to comply with this subtitle and an employee of the Commission is adversely affected, the certified representative of the employee may file an appeal on the record on behalf of the employee before the State Office of Administrative Hearings in accordance with the contested case provisions of the Administrative Procedure Act, Title 10, Subtitle 2 of the State Government Article.
(b)(1) If the administrative law judge finds that the Commission was arbitrary and capricious in soliciting or entering into a service contract that is subject to this subtitle, and the employee of the Commission has been adversely affected, the administrative law judge may award the employee actual damages for back pay and front pay for a combined period of up to 2 years beginning on the date the employee was first adversely affected.
(3) An award of actual damages authorized under this subsection shall be the sole and exclusive remedy for a violation of this subtitle that is available to the employee, and liability may not accrue for punitive damages, consequential damages, or damages for emotional distress or pain and suffering.
Credits
Added by Acts 2012, c. 426, § 2, eff. Oct. 1, 2012.
MD Code, Land Use, § 16-407, MD LAND USE § 16-407
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.
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