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§ 3-916. Groundless or malicious complaint and bad faith actions; administrative penalty; attorneys' fees

MD Lab & Emp Code § 3-916 (2019) (N/A)
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(a)    A person may not:

(1)    make or cause to be made a groundless or malicious complaint to the Commissioner or an authorized representative of the Commissioner;

(2)    in bad faith, bring an action under this subtitle or a proceeding related to the subject of this subtitle; or

(3)    in bad faith, testify in an action under this subtitle or a proceeding related to the subject of this subtitle.

(b)    The Commissioner shall investigate any allegations that a person has violated any provision of this section.

(c)    (1)    If the Commissioner determines that a person has violated any provision of this section, that person may be subject to an administrative penalty of up to $1,000, assessed by the Commissioner.

(2)    A sanction under paragraph (1) of this subsection shall be subject to the notice and hearing requirements of § 3–906 of this subtitle.

(3)    If the person found in violation of this section is a person alleged to be employed by the respondent, the Commissioner shall disclose the identity of the complainant.

(d)    Any person who must defend an action taken as a result of a groundless or malicious complaint may be entitled to recover attorneys’ fees.

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