1.1 Appeal: An appeal from the Director’s No Reasonable Grounds Determination. 1.2 Case Review Board: A board composed of three Commissioners appointed by the Commission to consider and decide a complaint and an appeal. 1.3 Code: The Montgomery County Code. 1.4 Commission: The Human Rights Commission established by the statute. 1.5 Commission File: Documents and materials gathered by the Director and staff of the Office of Human Rights during their investigation of a complaint. 1.6 Complainant: The person who files a complaint alleging a violation of the statute. 1.7 Determination Letter: A letter from the Director, addressed to the complainant and respondent, that informs the parties of the results of the Office of Human Right’s investigation and the Director’s conclusions regarding whether there are reasonable grounds to believe that a violation of the statute occurred. 1.8 Director: The Executive Director of the Commission and the head of the Office of Human Rights. 1.9 Discovery: Investigative tools under the statute, including subpoenas, interrogatories, requests for production of documents, depositions, and fact-finding conferences. 1.10 Hearing: A de novo evidentiary hearing conducted to determine whether a violation of the statute did in fact occur. 1.11 Hearing Examiner: A person designated by a Case Review Board to conduct a hearing. 1.12 No Reasonable Grounds Determination: The conclusion of the Director that there are no reasonable grounds to believe that a violation of the statute occurred. 1.13 Reasonable Grounds Determination: The conclusion of the Director that there are reasonable grounds to believe that a violation of the statute occurred. 1.14 Respondent: The person against whom a complaint is filed. 1.15 Statute: Chapter 27 of the Code. 2.1 All complaints filed with the Office of Human Rights must be sworn to or affirmed under the penalties of perjury before a notary public. 2.2 A party may amend his or her complaint or answer as a matter of right at any time before the Director certifies the complaint to the Commission, and at the discretion of a Case Review Board or hearing examiner thereafter. The Director, Case Review Board or hearing examiner must immediately send notice of any amendment to all parties to the proceeding. 3.1 No Reasonable Grounds Determinations (Appeals). The Commission must appoint a Case Review Board to consider and decide an appeal by a complainant from the Director’s No Reasonable Grounds Determination. 3.1.1 Each member of a Case Review Board appointed under section 3.1 must serve for a term of six months (initially staggered) or until the Commission has appointed a successor. However, the Commission may in its discretion designate a term of more or less than six months. Each member of a Case Review Board appointed under Section 3.1 shall serve until a submitted appeal has been decided. 3.2 Reasonable Grounds Determinations (Hearings). The Commission must appoint a Case Review Board to consider and decide a complaint whenever the Director certifies to the Commission that the Director has issued a Reasonable Grounds Determination and was unable to conciliate the complaint. 3.2.1 Each member of a Case Review Board appointed under section 3.2 shall serve until the complaint is resolved. 3.3 If any member of a Case Review Board resigns from the Board, the Commission must appoint a successor member who shall serve the balance of the resigned member’s term. If any member of a Case Review Board is unable to serve with respect to a particular appeal or complaint (e.g., because of a conflict of interest), the Commission must appoint another Commissioner to consider the appeal or complaint in lieu of the member who is unable to serve. 3.4 The Commission must designate one member of each Case Review Board as Chairperson. Commissioners may serve on more than one Case Review Board simultaneously. The Commission may reappoint a Commissioner to a Case Review Board. 4.1 If the Director makes a No Reasonable Grounds Determination, the Director must send a determination letter to the complainant and the respondent along with a copy of these Regulations. The determination letter must state the steps, including deadlines, required to appeal the determination. 4.2 If the complainant desires to appeal the Director’s No Reasonable Grounds Determination, the complainant must file a written notice of appeal with the Director within 30 days after the Director sends the complainant the determination letter. Upon receipt of the complainant’s notice of appeal, the Director must certify the complaint to the Commission and the Commission must assign the complaint to a Case Review Board to consider the appeal. The Director must also send a copy of the complainant’s notice of appeal to the respondent, and must send written notification to both parties that the Director has certified the complaint to the Commission. 4.2.1 Any party that desires to review the commission file when an appeal has been filed must contact the Office of Human Rights and arrange for a mutually convenient time. However, any examination of the commission file by a party must take place within 20 days after the Director sends that party notice that the Director has certified the complaint to the Commission. 4.2.2 All examinations of the commission file must take place at the Office of Human Rights on a regular business day between 9:00 a.m. and 5:00 p.m. A staff member of the Office of Human Rights, or an intern or volunteer approved by the Director, may be present when a party examines the commission file. 4.2.3 Before being provided access to the commission file, the complainant, respondent and any legal representatives of the parties, must sign confidentiality agreements in which they promise, under penalty of law, that all information or documents they derive from the commission file will be kept strictly confidential. This paragraph does not limit a party’s right to use the information and documents in connection with the appeal. The confidentiality agreement must expire if the Case Review Board sets the matter for hearing, unless the Case Review Board grants a private hearing. 4.2.4 All portions of the commission file that would be available to a party under Article I of Chapter 2A of the Code must be made available to the parties when they review the commission file. However, any investigatory materials that the Director determines are privileged or confidential and would not be used at a hearing must not be included in the commission file available for examination by the parties. 4.2.5 Each party must reimburse the Office of Human Rights for the reasonable cost of copying any materials from the commission file. The price for copies will be set by the Office of Human Rights. 4.3 If the complainant has filed a timely notice of an appeal, the complainant is advised to submit a written statement in support of the appeal to the Office of Human Rights. Any such written statement in support of the appeal must be postmarked within 40 days after the later of (a) the date the Director sends the complainant notice that he or she has certified the complaint to the Commission, or (b) the date the complainant reviewed the commission file. The complainant must submit six copies of the statement to the Office of Human Rights. 4.3.1 In order to assist the Case Review Board’s consideration of the appeal, the complainant’s written statement in support of the appeal, if any is submitted, should include the following: A statement of the facts that support the complainant’s conclusion that the Director’s determination that there are no reasonable grounds to believe that discrimination occurred was incorrectly decided. Any legal arguments that support the complainant’s conclusion that the Director’s determination is inconsistent with applicable law and an explanation of why the authorities cited support the complainant’s conclusion. If the complainant is relying upon “new evidence,” the new evidence should be described and an explanation should be given as to why this new evidence was unavailable to the complainant and the Office of Human Rights at the time the Director investigated the complaint. 4.4 If a complainant files a written statement in support of the appeal pursuant to Section 4.3 above, within 20 days after receiving a copy of the complainant’s statement, the respondent may file six copies of a response to the complainant’s written statement with the Office of Human Rights. 4.5 If a complainant files a written statement in support of the appeal pursuant to Section 4.3 above, within 20 days after receiving a copy of the complainant’s statement, the Office of Human Rights may file six copies of its own response. 4.6 All submissions must be in writing and should be typewritten. Handwritten submissions will be accepted, but if handwritten, the handwriting must be legible. Upon receipt of each written statement referred to in Sections 4.3, 4.4 and 4.5, the Office of Human Rights must immediately place one copy of the written statement in the commission file, and must immediately send a copy of the statement to each member of the Case Review Board, the complainant, the respondent and the Director. However, the Office of Human Rights may, at its discretion, defer sending the members of the Case Review Board copies of the submissions until all submissions have been received or the time to submit them has passed. 4.7 Upon written request and for good cause shown, the Case Review Board may extend the deadlines specified in these Regulations. However, the Case Review Board may not extend the time for filing a written notice of appeal established in Section 4.2. 4.8 A case Review Board may consider an appeal: (a) at a meeting attended in person by a majority of the members of the Case Review Board; (b) by means of telephonic or electronic communication; or (c) by written communication. 4.9 A Case Review Board must render a decision within 45 days after it receives the written submissions of the parties. However, a Case Review Board may on its own motion extend the time for issuing a decision upon written notification to all parties. 4.10 In considering an appeal, a Case Review Board may, at its sole discretion: (a) review the commission file, and/or (b) schedule an oral argument; and/or (c) order the Director to investigate further. 4.10.1 If the Case Review Board orders the Director to investigate further, the investigation must respond to specific questions or areas of concern of the Case Review Board. The Director must report the results of the investigation to the parties and to the Case Review Board. The Case Review Board, at its discretion, may (a) allow the parties to file written responses to the further investigative report; and/or (b) schedule oral argument. 4.10.2 If the Case Review Board concludes that any new evidence presented in the complainant’s appeal: (a) may have had a bearing on the Director’s determination, and (b) was not known to the complainant and the Office of Human Rights at the time that the Office investigated the complaint, the Case Review Board must proceed under Section 4.10.1 of these regulations. 4.11 Upon completion of its consideration of the appeal and any further investigation if conducted pursuant to Section 4.10.1, a Case Review Board must (a) dismiss the complaint without a hearing, or (b) order that the complaint be considered and decided at a hearing in the same manner as if the Director had found reasonable grounds to believe that a violation of the statute occurred. 4.11.1 If a Case Review Board votes to dismiss the complaint without a hearing, the Case Review Board must inform the complainant and respondent of the Board’s decision to uphold the Director’s No Reasonable Grounds Determination. 4.11.2 If a Case Review Board votes to order that the complaint be considered and decided at a hearing, the Board must explain its reasons in a written opinion. 4.12 If the Case Review Board votes to dismiss the complaint, that decision will not be subject to further review by the Commission and will not be subject to appellate review in this administrative process. However, the complainant may have the right to file an original civil action against the respondent in an appropriate court of law. 5.1 If the Director, after conducting an investigation of a complaint filed with the Office of Human Rights, makes a Reasonable Grounds Determination, and if the Director is unable to conciliate the complaint as provided in the statute, the Director must certify the complaint to the Commission for a hearing. 5.2 The Commission must assign a case to a Case Review Board appointed under Section 3.2 of these Regulations whenever the Director certifies to the Commission that there is a need for a hearing pursuant to Section 5.1. The Case Review Board must refer the matter to a hearing examiner for a hearing, unless a majority of that Case Review Board votes to conduct the hearing. 5.3 A hearing before the hearing examiner or before the designated Case Review Board must be conducted according to Sections 2A-1 to 2A-11 of the Code, the statute and these Regulations. 5.4 If the hearing is conducted by a hearing examiner, the hearing examiner must forward a recommended decision to the Case Review Board. 5.5 Within 45 days after the hearing examiner has forwarded the recommended decision to the Case Review Board, either party may request that the parties be permitted to present oral argument before the Board, and either party may file a written brief with the Case Review Board urging the Board to adopt, reverse, modify or remand the hearing examiner’s recommended decision. If the Case Review Board grants the request to present oral argument, the Board must establish a schedule for oral argument. All briefs must be limited to 25 double spaced pages, except that any reply briefs must be limited to 10 double spaced pages. 5.5.1 Upon written request and for good cause shown, the Case Review Board may extend the deadlines and/or the page limitations specified in Section 5.5. 5.6 A Case Review Board must render a decision within 45 days after the last of the following occurrences: (a) receipt of the hearing examiner’s recommendation, (b) receipt of briefs if any are to be filed, or (c) oral argument, if scheduled. However, a Case Review Board may, on its own motion, extend the time for issuing a decision upon written notification to all parties. A Case Review Board may remand the hearing examiner’s recommended decision for further proceedings, or may adopt, reverse, or modify the hearing examiner’s recommended decision as its final order. 5.7 If a majority of a Case Review Board votes to conduct a hearing before the Board, rather than before a hearing examiner, the decision issued by the Board after the hearing, shall be final, and will not be subject to further review by the Commission. 5.8 Any party aggrieved by a final decision of a Case Review Board following a hearing shall have the right to seek appellate review in the Courts as provided in the statute. 6.1 A person upon whom the Director has propounded discovery must, within the time specified, respond by either filing an answer or filing an objection with the Director. 6.1.1 Any objection must specify the reasons why the Director should not require the person to answer the discovery. 6.2 If a party fails to respond to discovery within the time period specified, the Director may seek an order from the Commission to require the party to show cause within 10 days of receiving the Commission Order why the Commission should not impose sanctions against the party, such as dismissing the complaint or entering an order precluding the respondent from presenting any defense to the complaint. 6.3 If the Commission dismisses the complaint, a party may petition the Commission within 10 days of receiving the order of dismissal to vacate the order for good cause shown. If the Commission vacates the order, the Commission must send the case back to the Office of Human Rights so that the Director and the Office of Human Rights can complete the investigation of the complaint. 6.4 If the Commission orders a sanction precluding the Respondent from presenting any defense to the complaint, the Commission must assign the case to a Case Review Board for a hearing. If the Commission imposes other sanctions against a party, the Commission must take appropriate actions to enforce those sanctions. 7.1 These Regulations may be amended from time to time under Method 2 as provided for in Article II of Section 2A of the Code.

Hate/Violence Incident. The term hate/violence means a criminal act occurring in the geographical boundaries of Montgomery County which is directed against persons or institutions because of their race, religion, ethnic background, sexual orientation, or handicap. OHRC. The Office of the Human Relations Commission. This designates the Executive Director and staff as distinguished from the Commissioners who are appointed by the County Executive and confirmed by the Council. Partnership Board. The Partnership Board consists of seven members from the private sector appointed by the County Executive and confirmed by the Council. Partnership Fund. A County fund established to compensate victims of hate/violence for property damage. The County Government contributes $25,000 a year to the fund to the extent that funds are appropriated; in addition, the County Government will contribute $2 for every $1 of private contributions, up to an additional $30,000 a year, to the extent that funds are appropriated. Public Accommodations Panel. A quasi-judicial panel appointed by the County Executive and approved by the County Council to hear appeals and adjudicate issues related to discrimination complaints. Victim. A person, group of persons, organization, business, or place of worship which has suffered property loss or damage by an incident of hate/violence. Any person involved in a violation of the law at the time of the incident is not a victim. The Partnership Fund has been established to compensate victims of hate/violence for property damage suffered as a result of hate/violence incident. Compensation under the Fund shall be made available to victims who experience harm within the jurisdictional boundaries of the Montgomery County. Compensation under the Fund is not available to public schools or to public institutions which already have provisions to cover expenses related to property damage. The Partnership Board has been established to solicit private contributions for the Fund, to publicize the existence of the Fund, and to authorize payments from the Fund. The Board shall meet once a month and shall include an annual review of its activities in the OHRC's annual report. The HRC shall determine what acts constitute hate/violence and the OHRC may make recommendations regarding the amount of compensation to the Partnership Board. 1. The County Government must contribute $25,000 a year to the Fund to the extent that funds are appropriated; in addition, the County Government will contribute $2 for every $1 of private contributions, up to an additional $30,000 a year, to the extent that funds are appropriated. 2. The OHRC will request that the Montgomery County Division of Accounting, Department of Finance establish two budget accounts for contributions to the Fund. One account will be designated for deposits to the Fund as contributions are received; the other account will be utilized for direct payments to victims. Funds will be transferred from the deposit account to the direct payment account as the need arises. 3. The Partnership Board will forward all contributions received for the Fund to the OHRC for deposit in the appropriate account. The Partnership Board will acknowledge in writing receipt of all contributions to the Fund. The Partnership Board may spend up to 10% of the Fund to publicize the Fund and solicit private contributions. A. Notice of Hate/Violence Incident. The OHRC, through formal Memoranda of Understanding with the Montgomery County Police and the Montgomery County Division of the Maryland National Capital Park Police, receives notice within three days of a hate/violence incident within Montgomery County. The OHRC contacts the victim and obtains additional information relating to the incident. The OHRC may receive notice through direct contact with the victim or other sources within the community. B. Filing Application for Compensation. The victim of a hate/violence incident must file an application for compensation on a form provided by the OHRC. The form will describe the incident, the resulting damage, the anticipated funds needed to correct the damage, names of any witnesses to the incident, and a sworn statement that the information is correct. The application form must be received by OHRC, 164 Rollins Avenue, Rockville, Maryland 20852 within six months of the date of the incident. C. Verification of Incident and Property Damage. 1. Within thirty days of filing an application for compensation, the victim must provide copies of any available pictures of the incident and/or property damage, documentation giving evidence that the victim holds a legal interest in the property, and a copy of the insurance policy covering the property. Except in cases of financial hardship, the victim will obtain estimates to correct the damages, have the damage corrected, and provide OHRC with receipts for work completed. 2. The OHRC will investigate as necessary to obtain additional information to verify that the incident was related to the victim's race, religion, ethnic background., sexual orientation, or handicap. The OHRC will review all documentation submitted by the victim to determine the cost to repair or replace the damaged property. 3. The OHRC will provide a report to the Partnership Board outlining all information obtained to verify the incident and determine the amount of property damage. The report shall include a recommendation as to the victim's eligibility to receive funds and the amount of funds needed to repair or replace the property. 4. The Partnership Board will review the OHRC's recommendation and make a final determination as to the victim's eligibility and amount of funds to be compensated, if any. The Board will notify the OHRC and the victim of its decision in writing. 1. Upon receipt of the Partnership Board's written report, the OHRC will prepare, through the Finance Department's Division of Accounting, a direct payment to the victim of any approved funds. The Partnership Board may compensate a victim of hate/violence an amount not to exceed $2,000 for each hate/violence incident; but no more than $5,000 to any one victim within any twelve month period. 2. An award must be reduced by the amount of any payment the victim receives or is eligible to receive from any private or public source as compensation for damages that resulted from the hate/violence incident. The victim will notify the OHRC of his or her eligibility for such payments. 3. The OHRC will obtain a receipt from the victim, on a form provided by the HRC, for any monies received from the Fund. The receipt will state that the victim accepts the funds as a complete and final resolution of any claims to funds through the Partnership Fund for damages relating to the specific incident. This receipt will not prevent the victim from pursuing other legal action against the perpetrator(s) of the incident or from filing for compensation related to other hate/violence incidents. Any person who makes a false claim for compensation commits a class A violation and must reimburse the Fund for any payments received. 1. A victim may appeal the Partnership Board's determination regarding their eligibility as a victim of hate/violence or the amount of compensation to the Public Accommodations Panel of the Human Relations Commission. The victim must file such an appeal in writing within thirty days of the Partnership Board's determination. 2. The Public Accommodations Panel of the Human Relations Commission will review the OHRC's report, the Partnership Board's determination, and any additional information provided by the victim in their appeal notice. The Public Accommodations Panel will provide written notice of its determination of the appeal to the victim, the OHRC, and the Partnership Board. This regulation repeals Executive Regulation 35-87AM III. If a court holds that part of this regulation is invalid, the invalidity does not affect other parts. This regulation takes effect 30 days after approval by the County Council.