§ 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.

HISTORY: 2009, ch. 188.