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<subtitle num="03" heading="Civil Division" title_num="02" title_heading="Office of the Attorney General">
  <chapter num="01" heading="Procedure for Hearings Conducted to Determine Whether Country Clubs Receiving Preferential Tax Treatment Practice Discrimination">
    <regulation prefix="Regulation" num=".01" heading="Notice.">
      <paragraph num="A.">
        <text>Any country club to be afforded a hearing on charges of discrimination prohibited by Tax-Property Article, §8-214, Annotated Code of Maryland, shall be given written notice of the date, time, and place of the hearing not less than 30 days before the hearing. Notice will be given by ordinary mail to the address of the club as indicated on the records of the office of the Supervisor of Assessments of the county in which the club is located.</text>
      </paragraph>
      <paragraph num="B.">
        <text>The notice shall state the specifications of the charge or charges of discrimination and shall describe any records and other documentary evidence required to be produced by the club at the hearing.</text>
      </paragraph>
      <paragraph num="C.">
        <text>The purpose, date, time, and place of the hearing shall be published in the Maryland Register. Any interested person may appear and be heard.</text>
      </paragraph>
    </regulation>
    <regulation prefix="Regulation" num=".02" heading="Answer.">
      <paragraph num="A.">
        <text>Upon receipt of charges and notice of hearing, a country club shall, within 15 days of the date of the notice, respond in writing to the charge or charges of discrimination. The answer shall indicate additionally whether or not the country club desires a hearing.</text>
      </paragraph>
      <paragraph num="B.">
        <text>The answer of any country club to charges of discrimination shall be signed by the president or other authorized representative of the club and returned to the Department of Law, State of Maryland.</text>
      </paragraph>
    </regulation>
    <regulation prefix="Regulation" num=".03" heading="Postponements.">
      <paragraph num="A.">
        <text>If, for good cause shown, a country club requests in writing a postponement of the hearing date within the time provided for its response under Regulation .02 of this chapter postponement may be granted. The postponement may not be for more than 30 days unless specified otherwise by the Attorney General.</text>
      </paragraph>
      <paragraph num="B.">
        <text>The hearing date may be postponed, in the sole discretion of the Attorney General, notwithstanding noncompliance with this regulation.</text>
      </paragraph>
    </regulation>
    <regulation prefix="Regulation" num=".04" heading="Conduct of Hearings.">
      <paragraph num="A.">
        <text>Hearings shall be conducted before a hearing officer appointed by the Attorney General. The hearings shall be recorded and shall be open to the public.</text>
      </paragraph>
      <paragraph num="B.">
        <text>Hearings may be conducted in an informal manner and the parties may not be bound by the technical rules of evidence, except that evidence shall be relevant to the issues in the case. A country club shall have the right to offer testimony and exhibits and cross-examine witnesses.</text>
      </paragraph>
      <paragraph num="C.">
        <text>At the hearing, an officer, manager, or other qualified representative of the club shall be present to testify concerning past and present racial, ethnic, religious, and sexual composition of the club membership, club procedures, and practices with respect to membership applications, guest policies and practices in the past and present, and the charters, bylaws, and other official club documents relating to membership and use of club facilities. The club may be represented by counsel.</text>
      </paragraph>
      <paragraph num="D.">
        <text>The Attorney General may designate one or more Assistant Attorneys General to represent the Department of Assessment and Taxation.</text>
      </paragraph>
    </regulation>
    <regulation prefix="Regulation" num=".05" heading="Orders.">
      <paragraph num="A.">
        <text>After the hearing has been completed, the hearing officer shall submit findings of fact, conclusions of law, and a proposed order to the Attorney General for review. The Attorney General shall issue findings of fact, conclusions of law, and a final order.</text>
      </paragraph>
      <paragraph num="B.">
        <text>The final order and opinion shall be served by mail on the country club or its attorney.</text>
      </paragraph>
      <paragraph num="C.">
        <text>After any order finding that a country club practices discrimination, the Attorney General shall propose a consent agreement whereby the club agrees to cease the discriminatory practices.</text>
      </paragraph>
      <paragraph num="D.">
        <text>If the country club breaches or violates or refuses to enter into an appropriate consent agreement, the Attorney General shall issue an order to that club to cease all discriminatory practices.</text>
      </paragraph>
      <paragraph num="E.">
        <text>If the country club breaches the order to cease all discriminatory practices, the Attorney General, in accordance with Article 81, §19(e) and (f), Annotated Code of Maryland, shall direct the Supervisor of Assessments to terminate the tax exemption, credit, or beneficial assessment of that club.</text>
      </paragraph>
    </regulation>
    <regulation prefix="Regulation" num=".06" heading="Further Appeals.">
      <paragraph num="A.">
        <text>Any country club which has its tax exemption, credit, or beneficial assessment withdrawn as described in Regulation .05E of this chapter may appeal pursuant to State Government Article, §§10-215 and 10-216, Annotated Code of Maryland. The appeal shall be taken by filing within 30 days of notice of the withdrawal of the tax exemption, credit, or beneficial assessment, an order for appeal with the court having jurisdiction in the case and by serving a copy of the order on the Office of the Attorney General.</text>
      </paragraph>
      <paragraph num="B.">
        <text>Any notice of appeal shall include a request for a transcript of the record of the proceedings. The record shall be transcribed at the expense of the appealing party, and the cost of transcription shall be paid before the transmittal of the record to the court.</text>
      </paragraph>
      <paragraph num="C.">
        <text>Appeals shall be taken in compliance with subtitle B of the Maryland Rules of Procedure.</text>
      </paragraph>
    </regulation>
    <regulation prefix="Regulation" num=".07" heading="Computation of Time.">
      <paragraph num="A.">
        <text>In computing any period of time prescribed by these regulations, the day of the act or event after which the designated period of time begins to run is not to be included.</text>
      </paragraph>
      <paragraph num="B.">
        <text>The last day of the time period is to be included unless it is a Saturday, Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or a legal holiday.</text>
      </paragraph>
    </regulation>
    <annotations>
      <annotation type="Authority">Tax Property Article, §§8-212—8-218, Annotated Code of Maryland</annotation>
      <annotation type="History" subtype="Administrative History">Effective date: December 24, 1975 (2:29 Md. R. 1735)</annotation>
    </annotations>
  </chapter>
</subtitle>