Subdivision 4. Investigative Procedures
Codified through Bill No. CB-018-2026, adopted May 12, 2026, effective July 24, 2026. Source: Municode, Supplement 2026 Update 2. Editorial notes and legislative history omitted.
Subdivision 4. Investigative Procedures
Prince George's County, Md., Code § 2-201 (2026)
Sec. 2-201. Initiation of investigationLinkCopy Citation
Except in cases of discrimination in housing and residential real estate and harassment against an employer, an Agency investigation into a suspected violation by any person of the provisions of this Division may be initiated no later than one hundred eighty (180) days after the date of the alleged violation by filing with the Executive Director, upon a form to be provided by the Agency, a signed statement setting forth the suspected violation. In cases of discrimination in housing: within ten (10) days the Agency shall serve the respondent a notice identifying the alleged discriminatory housing practice and advising such respondent of the procedural rights and obligations; the respondent may file, not later than ten (10) days after receipt of notice from the Agency, an answer to such complaint; and the investigation shall be initiated before the end of the thirtieth (30th) day after the receipt of the statement setting forth the alleged discriminatory housing practice that has occurred or that the complainant believes is about to occur. A statement alleging discriminatory housing practices must be filed no later than one year after the date of the alleged violation. A statement alleging harassment against an employer shall be filed no later than two (2) years after the date of the alleged violation. In all cases, the statement shall contain the name and address of the complainant and the respondent and such other information as may be required by the Agency. In cases alleging discriminatory housing practices, the Agency shall complete the investigation within one hundred (100) days after receipt of the complaint, unless it is impracticable to do so. Should the Agency be unable to complete the investigation within one hundred (100) days, it shall notify the complainant and respondent in writing of the reasons for not doing so. The Agency shall make final administrative disposition of a complaint within one (1) year of the date of receipt of a complaint, unless it is impracticable to do so. In such case, the Agency must notify the complainant and respondent in writing of its reasons.
Prince George's County, Md., Code § 2-202 (2026)
Sec. 2-202. Investigation of complaint; dismissalLinkCopy Citation
(a)
The Agency shall promptly investigate each charge filed with it, which may include a mutual settlement agreement through mediation. If, after the investigation of the charge, the Executive Director, based on a preponderance of evidence, determines that no violation of this Division has occurred, the Director may dismiss the charge. Any complainant adversely affected by the dismissal may appeal administratively to the Commission, no later than fifteen (15) days after the date of dismissal by the Executive Director, who may take such action as s/he deems appropriate.
(b)
In cases alleging discrimination in housing, at the end of each investigation, the Executive Director shall prepare a final investigative report containing:
(1)
The names and dates of contacts with witnesses;
(2)
A summary and the dates of correspondence and other contacts with the complainant and the respondent;
(3)
A summary description of other pertinent records;
(4)
A summary of witness statements; and
(5)
Answers to interrogatories.
Prince George's County, Md., Code § 2-203 (2026)
Sec. 2-203. Conciliation procedureLinkCopy Citation
(a)
If, after an investigation of the complaint, the Executive Director has reasonable cause to believe that a violation of this Division has occurred, within twenty (20) days after the determination is made, the Executive Director shall attempt to conciliate the matter. If the parties to the complaint have agreed to a resolution of the complaint by way of conciliation, the terms of the resolution shall be set forth in a written consent agreement. The consent agreement shall not constitute an admission of the violation of any law.
(b)
Any written consent agreement, if approved by a majority vote of the full body of Commissioners, shall be incorporated into an order of the Commission. If either the respondent or the complainant fails to comply with any obligation or requirement which forms part of any such order, the order shall be enforced in the same manner as any other order of the Commission.
(c)
Except in cases alleging discrimination in housing, if the complainant refuses to accept an offer by the respondent which, in the judgment of the Executive Director, is a reasonable, good faith offer, the Executive Director may dismiss the complaint for failure to make a good faith conciliation attempt. Any complainant adversely affected by the dismissal may, no later than fifteen (15) days after the date of dismissal, appeal to the Commission, who shall either approve the dismissal or order a hearing on the merits.
(d)
In cases alleging discrimination in housing, the Executive Director shall advise the complainant of reasonable, good faith conciliation attempts, but may not dismiss the complaint because of the complainant's failure to accept a conciliation agreement.
(e)
In cases alleging discrimination in housing, any conciliation agreement shall be made public unless the complainant and respondent otherwise agree, and the Executive Director determines that disclosure is not required to further the purposes of this Division.
(f)
In cases alleging discrimination in housing, any conciliation agreement may provide for binding arbitration of the dispute arising from the complaint. Any such arbitration that results from a conciliation agreement may award appropriate relief, including monetary relief.
Prince George's County, Md., Code § 2-203.1 (2026)
Sec. 2-203.1. Election of Judicial DeterminationLinkCopy Citation
In cases alleging housing discrimination, when the Executive Director determines reasonable cause, a complainant or a respondent may elect to have the asserted claims decided in a civil action under Subdivision 5 of this Division in lieu of a hearing. The election must be made not later than 20 days after the receipt of the electing person of service or in the case of the Executive Director, not later than 20 days after such service. The person making such election shall give notice of doing so to the Executive Director and to all other complainants and respondents to whom the charge relates.
Prince George's County, Md., Code § 2-203.2 (2026)
Sec. 2-203.2. Commission Hearing in Absence of ElectionLinkCopy Citation
For purposes of cases alleging housing discrimination, if an election is not made under Section 2-203.1, the Executive Director shall follow the procedure in Section 2-204 of this Division for a hearing on the record with respect to the charge(s).
Prince George's County, Md., Code § 2-203.3 (2026)
Sec. 2-203.3. Civil Action for Enforcement When Election is Made for Such Civil ActionLinkCopy Citation
(a)
If an election is made under Section 2-203.1, the Executive Director shall authorize, and not later than 30 days after the election is made, the Prince George's County Office of Law shall commence and maintain a civil action on behalf of the aggrieved person in the Circuit Court seeking relief.
(b)
Any aggrieved person with respect to the issues to be determined in a civil action may intervene as of right in that civil action.
(c)
In a civil action under this Section, if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may grant as relief any actual or punitive damages which a court could grant with respect to such discriminatory housing practice in a civil action under Division 12 of the Prince George's County Code, Title 20 Subtitle 7 of the Maryland Annotated Code, and the Federal Housing Act. Any relief so granted that would accrue to an aggrieved person in a civil action commenced by that aggrieved person under Division 12 of the Prince George's County Code, Title 20 Subtitle 7 of the Maryland Annotated Code, and the Federal Housing Act shall also accrue to that aggrieved person in a civil action under this Section. If monetary relief is sought for the benefit of an aggrieved person who does not intervene in the civil action, the court shall not award such relief if that aggrieved person has not complied with discovery orders entered by the court.
(d)
Attorney's Fees. In any administrative proceeding brought under this Section, or any court proceeding arising therefrom, or any civil action under 42 U.S.C. 3612, the court, as the case may be in its discretion, may allow the prevailing party, other than the Prince George's County government, a reasonable attorney's fee and costs.
Prince George's County, Md., Code § 2-203.4 (2026)
Sec. 2-203.4. Conflict of ProvisionsLinkCopy Citation
Section 1-114 of the Prince George's County Code provides:
(a)
If any conflict exists between Subtitles, Divisions, Subdivisions, or Sections of this Code, the provisions of each Subtitle, Division, Subdivision, or Section shall prevail as to all matters and questions growing out of the subject matter of that Subtitle, Division, Subdivision, or Section.
(b)
If clearly conflicting provisions are found in different Sections of the same Subtitle, the provisions of the Section last enacted shall prevail unless the construction is inconsistent with the meaning of that Subtitle.
(c)
Where any conflict exists between a Subtitle, Division, Subdivision, or Section of this Code and any Subtitle or Section of the Charter or State law, the latter shall prevail.
Prince George's County, Md., Code § 2-204 (2026)
Sec. 2-204. Formal hearing; notice; assignment of caseLinkCopy Citation
(a)
Formal hearings shall be convened in cases in which conciliation or mediation has failed. After the entry of a finding to that effect or not later than ninety (90) days after the Executive Director determines a violation has occurred, the complaint and any and all findings shall be certified to the Commission. The Chairperson 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 certified in the notice.
(b)
The Chairperson shall thereupon assign the case to be heard before either the full body of Commissioners or a Panel of Commissioners as described in Section 2-189. 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 Executive Director. No Commissioner who previously made or participated in the investigation or caused the complaint to be filed shall participate in the hearing as a witness, nor shall s/he participate in the deliberations in such case.
Prince George's County, Md., Code § 2-205 (2026)
Sec. 2-205. Rights of respondent at hearingLinkCopy Citation
The respondent may file a written answer to the complaint and appear at the formal hearing in person, with or without counsel. The respondent may submit testimony and shall be fully heard. S/he may examine and cross-examine witnesses and shall be entitled to the compulsory processes of the Commission upon timely request and a concurrence of a majority of the Commission.
Prince George's County, Md., Code § 2-206 (2026)
Sec. 2-206. Amendment of complaintLinkCopy Citation
The Commission may permit reasonable amendment to be made to any complaint or answer. Testimony taken at the formal hearing shall be under oath and recorded.
Prince George's County, Md., Code § 2-207 (2026)
Sec. 2-207. Notice to State's Attorney; stay of proceedingsLinkCopy Citation
(a)
In any case under investigation by the Agency or Commission law Article 27 and Titles 11 through 27, Criminal Law Article, Transportation Article, and Annotated Code of Maryland, where the complaint to the Agency or Commission alleges facts that would constitute such criminal offense; or where the Agency or Commission shall reveal facts that would constitute such a criminal offense, the Agency or Commission shall give written notice to the State's Attorney of Prince George's County of the nature of the matter under investigation.
(b)
If it appears to the State's Attorney that continuation of the Commission's investigation would jeopardize a part of the anticipated criminal proceedings, the State's Attorney shall notify the Commission of this fact in writing, specifying that no formal hearing be held nor subpoena issued before the termination of the criminal proceedings. Upon receipt of such written notice from the State's Attorney, the Commission shall stay the holding of formal hearings or issuance of subpoena until the Commission is notified by the State's Attorney that the relevant criminal proceedings have terminated.
Prince George's County, Md., Code § 2-208 (2026)
Sec. 2-208. Confidential information; exceptionsLinkCopy Citation
(a)
During the investigation of any complaint alleging a violation of Subdivisions 5, 6, 7, 8, 9, and 10 of this Division, and until the matters reach the stage of public hearings, the activities of all members of the Office of Human Rights, including its Commission, in connection with the investigation shall be conducted without publicity.
(b)
The Agency and Commission shall hold confidential any information in relation to such a complaint, including the identity of the complainant and the respondent, except that:
(1)
Any information may be released at any time if the release has been agreed to in writing by both complainant and respondent;
(2)
The identity of the complainant shall be disclosed to the respondent upon request;
(3)
The Agency may cooperate with Federal and State agencies and shall make available to such agencies its files and investigative data, if the Agency is satisfied that the agencies will preserve the confidentiality of the data which is provided;
(4)
Any Commission or employee of the Agency, who violates the provisions of this Section shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than One Thousand Dollars ($1,000.00) and/or imprisoned for not more than six (6) months.
(c)
Conciliation agreements shall be released as set forth in Section 2-203(e) of this Division.
Prince George's County, Md., Code § 2-209 (2026)
Sec. 2-209. Office of Human Rights process and witnesses; protectionLinkCopy Citation
No person shall retaliate, or cause or coerce, or attempt to cause or coerce, any other person to retaliate against any person because such person has lawfully opposed any act or failure to act that is a violation of this Act or has, in good faith, filed a complaint, testified, participated, or assisted in any way in any proceeding under this Act.