# COMAR Title 02 — Office of the Attorney General

## Subtitle 06 — General Regulations

### Chapter 04 — Cooperation with the Maryland Commission on Civil Rights

**Authority:** State Government Article §20-1048(a), Annotated Code of Maryland

**Administrative History:** Effective date: August 4, 2025 (52:15 Md. R. 811)

#### Regulation .01 General.

*COMAR 02.06.04.01*

These regulations are promulgated pursuant to State Government Article, §20-1048(a), Annotated Code of Maryland, to promote cooperation between the Attorney General and the Maryland Commission on Civil Rights in areas in which the agencies have overlapping jurisdiction.

#### Regulation .02 Definitions.

*COMAR 02.06.04.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Attorney General” means the Attorney General of Maryland as established by Article V of the Constitution of the State of Maryland.

  (2) “Maryland Commission on Civil Rights” or “MCCR” means the State agency established by State Government Article, §20-201, Annotated Code of Maryland.

#### Regulation .03 Jurisdiction of MCCR and the Attorney General Not Disturbed.

*COMAR 02.06.04.03*

A. The Commission and the Attorney General retain all authorities granted to them by law.  Nothing in these regulations limits either MCCR or the Attorney General from taking an enforcement action within its authority.

B. MCCR shall retain jurisdiction to:

  (1) Investigate individual complaints filed with MCCR;

  (2) Require a respondent to answer charges of a certified complaint at a public hearing before an administrative law judge, pursuant to State Government Article §§20-1008 and 20-1027; Annotated Code of Maryland.

  (3) Assert claims of an unlawful discriminatory practice in employment, housing, public accommodations, commercial leasing, State contracts, health services, and health facilities pursuant to State Government Article Title 20; Annotated Code of Maryland

  (4) Assert claims of an unlawful employment practice arising from a certified complaint in a civil action pursuant to §20-1012; Annotated Code of Maryland.

  (5) Assert claims of an unlawful housing practice arising from a certified complaint in a civil action pursuant to State Government Article, §20-1032;

  (6) Investigate discriminatory acts by a unit, officer, or employee of the State, a county, or a municipality; and

  (7) Initiate a Commission complaint of discrimination pursuant to State Government Article, §§20-1004(d) and 20-1036, Annotated Code of Maryland.

C. The Attorney General shall retain jurisdiction to investigate, prosecute, and remediate acts of discrimination prohibited under the U.S. Constitution, the Maryland Constitution, state law or federal law.

#### Regulation .04 Information Sharing.

*COMAR 02.06.04.04*

A. To the extent necessary and appropriate to facilitate the shared mission of enforcing civil rights laws, MCCR and the Attorney General shall share information regarding potential civil rights violations.

B. MCCR and the Attorney General shall maintain an agreement delineating the requirements of information sharing.

C. MCCR and the Attorney General shall maintain the confidentiality of joint investigations pursuant to State Government Article, §20-1101, Annotated Code of Maryland.

D. MCCR will not disclose information to the Attorney General regarding claims against entities represented by the Attorney General other than through its ordinary case processing procedures or pursuant to legal process.

E. MCCR and the Attorney General shall meet no less than three times each year to share information concerning observed patterns of civil rights violations and enforcement actions.

#### Regulation .05 Referral of Cases Between MCCR and the Attorney General.

*COMAR 02.06.04.05*

A. If MCCR determines that complaints of civil rights violations may fall within the jurisdiction of the Attorney General, MCCR may refer the complaints to the Attorney General.  The Attorney General may investigate, prosecute, and remediate civil rights violations referred by MCCR, but is not required to do so.

B. Pursuant to State Government Article, §20-1041(b)(1), Annotated Code of Maryland, the Attorney General does not have the authority to investigate, prosecute, and remediate civil rights violations on behalf of an individual.  The Attorney General may refer these matters to MCCR.

C. The Attorney General may advise the claimant that it is declining the matter and provide information regarding the process for filing a complaint with MCCR.

D. The Attorney General may provide the information received from the claimant directly to MCCR.

E. MCCR will address all referrals in accordance with its ordinary complaint processing procedures.

#### Regulation .06 Coordination in Areas of Overlapping Jurisdiction.

*COMAR 02.06.04.06*

A. MCCR and the Attorney General may jointly investigate, prosecute, and remediate conduct that constitutes a civil rights violation when it serves the public interest.

B. Parallel investigations are permitted in appropriate circumstances after conferral between the Attorney General and MCCR.