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