A. 
Any person claiming to be aggrieved by an alleged discrimination prohibited by any section of this chapter may make, sign and file with the Human Relations Commission, hereinafter referred to as the "Commission," a complaint, in writing, under oath. The complaint shall state the name and address of the person, firm, association, partnership, corporation, agency, department or board alleged to have committed the act of discrimination, together with the particulars thereof; and the complaint shall also contain such other information as may be required from time to time by the Commission. A complaint must be filed within six months from the date of the occurrence alleged to be a violation of this chapter. A complaint filed with the Federal or a State Human Relations Commission within six months from the date of occurrence shall be deemed to have complied with the provisions of this section.
B. 
Whenever the Commission has received reliable information from any individual or individuals that any person has been engaged or is engaged in any discriminatory practice within the scope of this article and, after a preliminary investigation by the Commission's staff authorized by the Chairman, it is satisfied that said information warrants the filing of a complaint, the Commission, on its own motion and by action of not fewer than four Commissioners, may issue a complaint in its name in the same manner as if the complaint had been filed by an individual.
The Commission shall meet at least once a month. In addition, the Chairman or a majority of the Commission shall have the right at any time to call special meetings of the Commission upon five days notice to the members thereof. The Commission shall establish procedures for the conduct of said meetings.
A. 
After the filing of any complaint, the Chairman shall consider the complaint and shall refer it to the Commission's staff for prompt investigation and ascertainment of the facts. The results of the investigation shall be made as written findings. A copy of the findings shall be furnished to the complainant and to the person, firm, association, partnership or corporation, hereinafter referred to as the "respondent," against whom or which the complaint is made.
B. 
If the finding is that there is probable cause for believing a discriminatory act has been or is being committed within the scope of this chapter the Commission shall endeavor to eliminate the discrimination by conference, conciliation and persuasion.
C. 
If an agreement is reached for the elimination of the discrimination as a result of the conference, conciliation and persuasion, the agreement shall be reduced to writing and signed by the respondent, and an order shall be entered by the Commission setting forth the terms of the agreement. The Commission shall not enter an order at this stage of the proceedings unless it is based upon a written agreement. If no such agreement can be reached, a finding to that effect shall be made and reduced to writing, with copies furnished to the complainant and to the respondent.
A. 
In case of failure to reach an agreement for the elimination of the acts of discrimination and upon the entry of findings to that effect, the entire file, including the complaint and any and all findings made, shall be certified to. The Chairman shall cause a written notice to be issued and served in the name of the Commission, together with a copy of the complaint, requiring the respondent to answer the charges of the complaint at a public hearing before the Commission at such time and place as may be set forth in the notice. The Chairman shall thereupon appoint a hearing tribunal of three persons, who shall be members of the Commission, to hear such complaint. A transcript of all testimony at the hearing shall be made. The case in support of the complaint shall be presented at the hearing by the general counsel of the Commission, and no Commissioner who previously made or participated in the investigation or caused the complaint to be filed shall participate in the hearing as a member of the tribunal or in the review of a decision of a hearing tribunal pursuant to any provisions of this chapter.
B. 
The respondent may file a written answer to the complaint and appear at the hearing in person or otherwise, with or without counsel. The respondent may submit testimony and shall be fully heard. He may examine and cross-examine witnesses.
C. 
The Commission may permit reasonable amendment to be made to any complaint or answer. Testimony taken at the hearing shall be under oath and recorded.
D. 
Subpoena power.
(1) 
In the administration and enforcement of the provisions of this chapter, the Commission shall have the power to administer oaths, to issue subpoenas and to compel the attendance and testimony of witnesses and the production of books, papers, records and documents relevant or necessary for proceedings within the geographical area under the jurisdiction of the City of Hagerstown. Any such subpoena shall be served by the Police Department of the City of Hagerstown upon written request by the Commission.
(2) 
Any person having a hearing before a tribunal or hearing board under this chapter shall have the right to subpoena witnesses and the production of books, papers, records and documents relevant or necessary for the proceedings as hereinabove set forth. Upon the request of said person, the subpoena shall issue as a matter of course.
(3) 
In case of said persons or times being located outside of the jurisdiction of this Commission, the Commission may apply through the Circuit Court in any county to obtain said attendance and testimony of witnesses and the production of books, papers, records and documents.
(4) 
In case of refusal to obey a subpoena for the attendance of a witness or the production of books, papers, records and documents, after proper notice has been given and upon a finding of facts that the attendance and testimony of the witness or the production of the books, papers, records and documents is relevant or necessary for the proceedings of the Commission, the Commission may apply to the Circuit Court for Washington County, Maryland, for an order requiring the attendance and testimony of witnesses and the production of books, papers, records and documents. The same shall be punishable by the court through its usual powers of equity in addition to the further provisions of penalty set forth in this chapter hereafter.
E. 
If upon all the evidence the Commission finds that the respondent has engaged in any discriminatory act within the scope of any of these Articles, it shall so state its findings. The Commission thereupon shall issue and cause to be served upon the respondent an order requiring the respondent to cease and desist from the discriminatory acts and to take such affirmative action as will effectuate the purposes of the particular Article.
F. 
If upon all the evidence the Commission finds that the respondent has not engaged in any such alleged discriminatory act within the scope of the particular Article, it shall state its findings of fact and shall similarly issue and file an order dismissing the complaint.
G. 
If a decision of a hearing tribunal is not unanimous, the aggrieved party may petition within 10 days to the Mayor and Council for a review of the decision. The Mayor shall select a review board of three persons consisting of the remaining eligible members of the Commission and any other person or persons he may designate. This review board shall limit its review to the entire record of the proceedings before the hearing tribunal; provided, however, that if deemed necessary, said review board may order further evidence if it is deemed necessary to effectuate the purposes of the review. After such review, the Commission, based on the decision by said board, shall affirm, reverse or modify the decision of the hearing tribunal.
During the investigation of any complaint alleging a violation of this chapter and until said matters reach the stage of public hearings, the activities of all members of the Commission, employees or agents thereof in connection with said investigation shall be conducted in confidence and without publicity, and the Commission shall hold confidential any information in relation thereto, including the identity of the complainant and the respondent, except that:
A. 
Any information may be released at any time if the release has been agreed to in writing by both the complainant and the respondent.
B. 
The identity of the complainant must be disclosed to the respondent at any time upon request.
It shall be unlawful for any person to commit any of the following acts in addition to all prohibited and unlawful acts prohibited by any other federal, state, county or City statutes, ordinances or regulations:
A. 
To knowingly or willfully file a false complaint under this chapter.
B. 
To willfully or knowingly falsify any documents, records or reports that have been submitted or made or subpoenaed pursuant to the provisions of this chapter.
C. 
To willfully give false testimony before the Commission or any tribunal or hearing board thereof.
D. 
To intimidate any witness, complainant, person or respondent in any proceedings before the Commission or at any stage of the procedures set forth in this chapter.
E. 
To claim to be aggrieved under the provisions of this chapter and:
(1) 
Said person has claimed to be aggrieved under the provisions of this chapter;
(2) 
Said person has pursued the complaint under the provisions of this chapter;
(3) 
The Commission has found the complaint to be unfounded or has not pursued it based on its initial investigation or has dismissed it without further action against the respondent; and
(4) 
The complaint has been made knowing the same to be false or malicious.
F. 
For any person to receive remuneration of any kind whatsoever for participation in any demonstration within the City of Hagerstown in reference to any of the acts that are defined as discrimination in any portion or portions of this chapter.
G. 
To coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of or on account of such person having exercised or enjoyed or on account of such person having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by this chapter.
A. 
At any time after a complaint has been filed, if the Commission believes within its absolute discretion that appropriate civil action is necessary to preserve the status of the parties or to prevent irreparable harm from the time the complaint is filed until the time of its final disposition, the Commission may bring action to obtain a temporary injunction in the Circuit Court for Washington County, Maryland.
B. 
If any respondent refuses to comply with an order provided for in any provisions of this chapter, the Commission may, if represented by its general counsel, institute litigation in the appropriate court of Washington County, Maryland, to enforce compliance with any provisions of this article, or in any other appropriate board in any jurisdiction.
A. 
Any respondent has a right to take an appeal after exhausting the remedies set forth herein for the Commission to the Circuit Court for Washington County, Maryland, in accordance with the provisions of the Maryland Rules of Practice and Procedure governing appeals from actions of administrative agencies.
B. 
The Commission or respondent may appeal to the Court of Special Appeals of Maryland from any adverse decision of the Circuit Court on such appeal.
A. 
The provisions of this chapter shall be construed as vesting in all persons the rights and privileges as set forth herein, and any person who is aggrieved by any act prohibited by the provisions of this chapter in any manner may bring an appropriate action in law or in equity in the Circuit Court for Washington County, Maryland, for any relief either in law or in equity that may be appropriate, in addition to pursuing the procedures and seeking the remedies established herein.
B. 
The remedies and procedures as set forth and provided in this chapter are in addition to and not in derogation of all federal, state, county and City statutes, acts, ordinances or regulations that may be applicable to the practices of the type referred to in this chapter.
A. 
Any person who shall violate any of the provisions of this chapter or who fails to comply with any of the orders as provided for herein, severally for each and every such violation and noncompliance respectively, shall be guilty of a misdemeanor and shall be punished by a fine not exceeding $500 or imprisonment for not exceeding 60 days in the county jail, or by both fine and imprisonment, within the discretion of the court.
B. 
The application of the above penalty provisions are in addition to and not in derogation of or limitation of any other applicable enforcement procedures or remedies as set forth in this chapter.