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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1734 September Term, 1994

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STATE OF MARYLAND COMMISSION ON HUMAN RELATIONS v. ANNE ARUNDEL COUNTY, MARYLAND

________________________________ Bishop, Bloom, Harrell, JJ. ________________________________ Opinion by Harrell, J. ________________________________ Filed: September 5, 1995

Appellant, the Maryland Commission on Human Relations ("the Commission"), ostensibly filed this appeal after the Circuit Court for Anne Arundel County affirmed an order by the Commission's Appeal Board ("the Board") dismissing a charge of employment discrimination that had been maintained by the Commission staff against Anne Arundel County ("the County"). The charges against

the County stemmed from a complaint of discrimination filed in October 1990 by James F. Tucker. Tucker alleged that the County

had unlawfully discriminated against him when it had excluded him from consideration for employment as a firefighter/emergency

medical technician due to a congenital color vision deficiency. Hearings on the matter were held before an administrative law judge ("ALJ") of the Office of Administrative Hearings. The ALJ issued

a provisional decision and order dismissing the charges based upon his determination that the Commission staff and Tucker had failed to satisfy their burden of demonstrating that Tucker met the definition of a 'handicapped individual' under Md. Ann. Code, Art. 49B,

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