Section 20-1027 - Administrative hearing.
§ 20-1027. Administrative hearing.
(a) Opportunity for hearing.- If an election is not made under § 20-1026 of this subtitle, the Commission shall provide an opportunity for a hearing on the record with respect to a charge issued under § 20-1025 of this subtitle.
(b) Conduct of hearing.-
(1) The Commission shall delegate the conduct of a hearing under this section to the Office of Administrative Hearings.
(2) An administrative law judge shall conduct the hearing in the county where the discriminatory housing practice is alleged to have occurred or is about to occur.
(3) (i) Unless it is impracticable to do so, the administrative law judge shall commence the hearing under this section within 120 days after the issuance of the charge.
(ii) If the administrative law judge is unable to commence the hearing within 120 days after the issuance of the charge, the administrative law judge shall notify the Commission, the aggrieved person on whose behalf the charge was filed, and the respondent in writing of the reasons for the delay.
(4) At a hearing under this section, each party may appear in person, be represented by counsel, present evidence, cross-examine witnesses, and obtain the issuance of subpoenas as authorized by this section.
(5) A hearing under this section shall be conducted as expeditiously and inexpensively as possible, consistent with the needs and rights of the parties to obtain a fair hearing and complete record.
(c) Subpoenas; discovery.-
(1) The administrative law judge may issue subpoenas and order discovery in connection with a hearing conducted under this section.
(2) Discovery in administrative proceedings under this section shall be conducted as expeditiously and inexpensively as possible, consistent with the need of all parties to obtain relevant evidence.
(d) Effect of trial of civil action.- After the beginning of the trial of a civil action that is commenced by an aggrieved person under federal or State law and that seeks relief for an alleged discriminatory housing practice, an administrative law judge may not continue administrative proceedings under this section for the same alleged discriminatory housing practice.
[An. Code 1957, art. 49B, § 32(b), (c), (d)(1),(2), (e), (f)(1); 2009, ch. 120, § 2.]