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

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

(a)  Groundless or malicious complaint and bad faith actions prohibited.- 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)  Investigation.- The Commissioner shall investigate any allegations that a person has violated any provision of this section. 

(c)  Administrative penalty; notice and hearing; disclosure of complainant.-  

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

[2009, ch. 188.]