The rules of procedure provided in this chapter apply to the processing of complaints of discrimination under the provisions of State Government Article, Title 20, Annotated Code of Maryland, except for those covered under the “Discrimination in Housing” subtitle, State Government Article, Title 20, Subtitle 7, Annotated Code of Maryland. Complaint. “Complaint” is a written statement by a person or by the Commission alleging an act of discrimination prohibited by State Government Article, Title 20, Annotated Code of Maryland, or any other statute administered or enforced by the Commission under the laws of Maryland. No particular language or allegations may be required in a complaint for its filing, provided that its language is sufficient to apprise a reasonable person that such an act has been alleged. A complaint may be amended as provided in these regulations to include these allegations of specific facts and particulars as will fairly inform the respondent of the unlawful conduct alleged or otherwise to conform the complaint to the requirements of law. “Executive Director” includes the Executive Director, and, in the event of the Executive Director's absence from the offices of the Commission or other temporary inability to fulfill the functions of the Executive Director's office, the Deputy Executive Director. “Executive Director or designee” includes the Executive Director, the Deputy Executive Director, and duly appointed supervisory personnel of the Commission duly acting in a supervisory function. “Human Relations Commission” includes any individual or body duly authorized by statute, ordinance, or other appointment or designation as provided by law, including, but not limited to, city, county, or other local human relations commissions or agencies, charged thereby with the receipt of complaints of unlawful discrimination, and any entity designated by the Governor for the administration of the Code of Fair Practices. “Investigator” means a member of the staff of the Commission presently designated “Human Relations Representative” and all agents of the Commission acting in the same capacity as may be so designated from time to time by the Executive Director or otherwise pursuant to law. Notice. Except where otherwise provided in these regulations, “notice” of any action, decision, or proceeding required by these regulations shall be deemed to have been properly served by: Mailing by certified or registered mail; A certification by an agent of the Commission that a document has been mailed; or Personal delivery to the addressee, such that actual receipt of this notice is made within a reasonably prompt time and within any time period required by these regulations. “Offices of the Commission” means the Commission's offices in Baltimore City and such other offices within the State as may from time to time be established by the Commission. Party. As used in Regulation .10, the word “party” means the Maryland Commission on Human Relations, the respondent, or the complainant. As used in Regulation .11, the word “party” means the Maryland Commission on Human Relations, the respondent, and the complainant, as well as any person clearly identified in the record of the proceedings before the Office of Administrative Hearings as having an interest in the disposition of the complaint. “Person” means one or more individuals, labor unions, partnerships, associations, corporations, successors in interest, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, or receivers. Time. Days. In computing any number of “days” described in these regulations or in any Order of the Commission, the day of the act or event after which the designated number of days begins is not included, and Saturdays, Sundays, and State holidays shall be counted only when the period described is more than 7 days. When the last day computed would fall on a Saturday, Sunday, or State holiday, the period shall extend to the first day thereafter which is not a Saturday, Sunday, or State holiday. Six Months. “Six months” means that period of time which begins on the day following the applicable act or event and extends to the day of the sixth month bearing the same calendar number. When the last mentioned day would fall on a day whose number does not exist in this sixth month, the period shall extend to the applicable number of days in the next month. When the last day so computed would fall on a Saturday, Sunday, or State holiday, the period shall extend to the first day which is not one of those days. “Proceeding” means a conference, meeting, hearing, investigation, inquiry, or other fact-finding or decision-making procedure, including the dismissal of a complaint. Who May File. Any person or organization whose membership includes any person or persons, who claim to have been aggrieved by an act or acts of unlawful discrimination prohibited by State Government Article, Title 20, Annotated Code of Maryland, may file a complaint with the Commission. The Commission may file a complaint in accordance with State Government Article, Title 20, Annotated Code of Maryland. Manner of Filing. Complaints shall be filed at the offices of the Commission in person, by registered, certified, or regular mail, facsimile or other electronic media, or by delivery to any duly appointed representative of the Commission. Complaints Initiated by Telephone. Complaints may be initiated by telephone to the Commission. If a complaint is initiated by telephone, the Commission shall: Reduce information provided by telephone to writing on the prescribed complaint form; and Send the complaint form to the aggrieved person to be signed and affirmed as provided in §D of this regulation. A telephone-initiated complaint is considered filed only upon receipt of the form or a signed writing. When Filed. Individual complaints, except those involving allegations of housing discrimination, shall be filed within 6 months from the date of the occurrence of the alleged unlawful discrimination. If the alleged unlawful discrimination practice is of a continuing nature, the date of the occurrence of this unlawful discrimination is considered to be any date up to and including that date on which the unlawful practice shall have ceased. An individual complaint filed with a federal or a local commission within the 6-month period required under §C(1) of this regulation shall be deemed as being a timely filing in compliance with that requirement. Form and Content of Complaint. The original complaint and two additional copies shall be signed and affirmed by the complainant or, if the complaint is filed by the Commission, in accordance with Regulation .11 of this chapter. An individual complaint may be filed on a form provided by the Commission. Complaint forms will be made available to all persons at the office of the Commission in Baltimore, Maryland or other offices within the State which may be established. Appropriate assistance in filling out forms will be rendered to complainants or to persons filing on behalf of a complainant, by personnel of the Commission. Complaints filed on forms provided by other local commissions, including federal civil rights agencies, shall be considered complaints filed with the Commission. Notwithstanding the requirement for using a required form, the Commission will accept a written statement which substantially sets forth the allegations of a discriminatory practice under State Government Article, Title 20, Annotated Code of Maryland. Each complaint shall contain substantially the following information: The name and address of the complainant; The name and address of the respondent; and A concise statement of facts including pertinent dates, constituting the alleged discriminatory practice. Amendment of Complaint. A complaint may be reasonably and fairly amended at any time. The amendments may include but are not limited to amendments to: Cure technical defects or omissions, including failure to sign or affirm the complaint; Clarify and amplify any allegation made in the complaint; Join additional or substitute respondents; or Allege additional acts which constitute discriminatory practices under State Government Article, Title 20, Annotated Code of Maryland, which relate back to or grow out of the subject matter of the original complaint. All amendments shall relate back to the original filing date. Review and Authorization. After the filing of a complaint, the Executive Director or designee shall: Review the complaint to determine whether it should issue for reasons of standing of the parties, timeliness of the filing, or other matters upon which its issuance may depend; In cases where the complaint is acceptable, authorize an investigation by dating and signing the complaint; or In cases where the complaint is rejected and not susceptible to amendment, serve notice on the complainant stating the reasons for the rejection. Notice. After the authorization of an individual complaint by the Executive Director or designee, as set forth in §A of this regulation, and not more than 120 days from the date on which this complaint was filed, the Commission staff shall provide notice of it by serving a copy of the complaint upon the respondent. The notice shall: Acknowledge the filing of the complaint and state the date that the complaint was accepted for filing; Include a copy of the complaint; Advise the respondent of the time limits applicable to complaint processing and of the procedural rights and obligations of the respondent under these regulations; and Advise the respondent that retaliation against an individual because the individual made a complaint, testified, assisted, or participated in an investigation or conciliation under these regulations is a discriminatory practice that is prohibited by Article 49B, Annotated Code of Maryland. Answer to Complaint. The respondent may file an answer not later than 30 days after receipt of the notice described in §B of this regulation. The respondent may assert any defense that might be available to a defendant in a court of law. The answer shall be signed and affirmed by the respondent. The affirmation shall state: “I declare under the penalty of perjury that the foregoing is true and correct.” An answer may be reasonably and fairly amended at any time with the consent of the Executive Director or designee. Withdrawal. A complaint filed by or on behalf of any aggrieved person may be withdrawn in writing at any time by the aggrieved person or person who filed the complaint. Administrative Closure—Notice and Reopening. The Executive Director or designee may administratively close a complaint under those circumstances which, by way of example but not limitation, may include absence of information which establishes the whereabouts of the complainant, or the determination that statutory requisites have not been met. Notice of Administrative Closure. Written notice of the administrative closure shall be provided to the complainant's last known address, informing the complainant of the right to object to this closure within 15 days of the date on which this notice was mailed. If the complaint is withdrawn by the complainant, the 15-day notice provision to the complainant is not required. Written notice of the closure shall be sent to the respondent upon whom the complaint has been served. Objection to Administrative Closure. If the complainant files a timely objection, the Executive Director or designee shall consider the closure in light of the reasons stated by the complainant, and shall make a determination. In the absence of a timely objection, the Executive Director or designee shall close the complaint and mark the case file as administratively closed. Request to Reopen Complaint. A request to reopen a complaint administratively closed for lack of information establishing the whereabouts of the complainant that is received beyond the time for objecting specified in §D(2) of this regulation shall be considered only upon a showing of good cause made by the complainant. Factors to be considered in determining whether good cause exists include but are not limited to: The amount of time elapsed since the complainant last had contact with the Commission; The circumstances surrounding the complainant's failure to inform the Commission of their whereabouts; and Prejudice to the respondent. Dismissal of Proceedings. As to cases which have not been filed with the Office of Administrative Hearings pursuant to Regulation .10B of this chapter, after notifying the complainant and respondent, the Executive Director or designee may dismiss without prejudice, at any stage of the proceedings, a case filed with the Commission, when the complainant has instituted an action in federal district court or State court alleging unlawful discrimination based on the same facts as those alleged in the complaint filed with the Commission. Investigation. Upon the authorization of a complaint, the Executive Director or designee shall assign, or cause to be assigned, the investigation of the complaint to a staff investigator. Systemic Processing. The Executive Director or designee may identify the complaint for systemic processing when the Executive Director or designee determines that: The alleged discriminatory practices contained in a complaint are pervasive or institutional in nature; The processing of the complaint will involve complex issues, novel questions of law or fact; or A large number of persons will be affected. The determination in §B(1) of this regulation may be based on the facts of the complaint or on information gathered in connection with an investigation. Systemic investigations may focus not only on documenting facts involved in the alleged discriminatory practice that is the subject of the complaint, but also on review of other policies and procedures related to matters under investigation, to make sure they also comply with the nondiscriminatory requirements of State Government Article, Title 20, Annotated Code of Maryland. Conduct of Investigation. Fact-Finding Conference. The Executive Director or designee may require that the complainant and respondent appear at a fact-finding conference convened for the following purposes: Defining the issues contained in a complaint; Determining which elements are undisputed; and Resolving those issues which are susceptible of resolution and ascertaining whether or not there is a basis for a negotiated settlement of the complaint. Request for Information. The Executive Director or designee shall require the respondent to promptly provide answers to requests for information, which will be used to assist in determining the merits of the allegations contained in the complaint. The request for information shall be accompanied by the following: A copy of the charge; and The date on which the response shall be submitted. Additional requests for information may be made to further the investigation. Interrogatories—Content and Response. The investigator may, upon authorization of the Executive Director or designee, serve interrogatories on a respondent by registered or certified mail or by personal service. These interrogatories shall be accompanied by the following: The date by which a response is required, which date shall be not less than 30 days after the date on which these interrogatories were delivered to the respondent; and A statement describing the consequences to the respondent should the respondent fail to answer these interrogatories, as set forth in Regulation .06 of this chapter. The interrogatories shall be answered within the time prescribed in the accompanying notice and shall be under oath. Time extensions may be granted for good cause shown and upon a written request submitted to the Commission's Executive Director or designee. Subsequent interrogatories, upon a determination that they are relevant or necessary to complete the administrative process, may be authorized and promulgated by the Commission's staff. Motion to Strike or Exceptions. The respondent may file a motion to strike or exceptions to the interrogatories within the time period set forth in §C(3)(b)(i) of this regulation. The motion or exceptions shall state the reason or reasons therefore and shall be supported by a memorandum of points and authorities. The Executive Director or designee will rule on the motion papers without oral argument. If the motion or exceptions are granted, the interrogatories may be limited, modified, or stricken in accordance with the order of the Executive Director or designee. If the motion or exceptions are denied, or if the order of the Executive Director or designee requires the respondent to answer any portion of the interrogatories, the respondent shall be given not more than 10 days from the date of receipt of the order to answer these interrogatories. Investigatory Subpoena. If completion of an investigation requires the issuance of a subpoena, the investigator may, upon the written authorization of the Executive Director or designee, issue a subpoena to compel the attendance and testimony of witnesses, or a subpoena to compel the production of books, papers, records, and documents relevant or necessary to this investigation. Service of this subpoena shall be made in accordance with State Government Article, Title 20, Annotated Code of Maryland. The subpoena shall contain the following: The name of the person whose testimony is required, identification of the books, papers, records, and documents to be submitted, or all of these; The time and date when and the place where the person subpoenaed is directed to appear and produce the information sought, which date may not be less than 15 days after the date on which the subpoena was served; The signature of the Executive Director authorizing the issuance of this subpoena. Upon failure by the person subpoenaed to appear, to produce these records, documents, papers, or books, or all of these, the Executive Director or designee may apply to the circuit court in the county having jurisdiction or to the Circuit Court for Baltimore City for an order requiring the attendance and testimony of the person subpoenaed, or the production of the requested records, documents, papers, books, or both. Interrogatories — Default Procedure. If, after a respondent has been served with duly authorized interrogatories together with a notice of the consequences of the failure to answer them, the respondent fails either to answer the interrogatories or to file a motion to strike or exceptions to the interrogatories within the time specified, the Executive Director or designee shall serve or cause to be served upon the respondent the following notice: An admission that the interrogatories, if answered, would have established facts consistent with the claim of the complainant; and A waiver of your right to have this Commission conduct further investigation, find whether there is probable cause, make conciliation efforts, or hold a hearing allowing the presentation of any and all defenses to the complaint which you might have otherwise raised." Upon failure by the respondent to file full and complete answers to these interrogatories in accordance with this notice, the Executive Director or designee may certify the file and forward it to the General Counsel. The General Counsel shall prepare for submission to the Office of Administrative Hearings the case file, together with a petition seeking a default order and an affidavit of the Executive Director or designee which shall include: A statement that the complainant has filed the allegations of discriminatory practices within the time prescribed in State Government Article, §20-1004(c), Annotated Code of Maryland; The date of service of the complaint and interrogatories on the respondent and the date of service of any notice requiring answer to interrogatories, or extending the time in which to answer them, or both; The date of service of the complaint and interrogatories as appears from the return of process; A statement that the respondent has failed to reply to the interrogatories within the time required; and A statement that the respondent has been given notice of the consequences of failure to respond to the interrogatories. An administrative law judge shall determine whether the respondent is in default and shall issue the appropriate order and serve a copy of the order on all parties. If the administrative law judge determines that the respondent is in default, the administrative law judge may impose any or all of the sanctions set forth in §A(1) of this regulation as the administrative law judge finds appropriate. If the administrative law judge determines that the respondent is not in default, the administrative law judge shall deny the petition and return the case file to the Executive Director or designee for further investigative proceedings. Petition to Vacate Default Order. Within 30 days after notice to the respondent of the entry of any default order, the respondent may petition the Commissioners sitting in their appellate capacity, as set forth in Regulation .12 of this chapter, to vacate the order and reopen the case for good cause shown. The respondent's assertion of good cause shall be in the form of an affidavit and shall include full and complete answers to the unanswered interrogatories. Oral argument is not permitted. Issuance of Default Order. After the issuance of an order by the administrative law judge imposing sanctions: The case shall be logged in the Commission's official docket book for the purpose of hearing the complainant's evidence in support of the allegation of discrimination; A finding of probable cause shall be deemed made against the respondent; A failure of conciliation shall be presumed by respondent's default; The public hearing to be subsequently held on the merits of the complaint will be limited to whatever sanctions may be applied pursuant to §A(1) of this regulation; and The hearing may result in the issuance of a Commission order, pursuant to State Government Article, §20-1009(e), Annotated Code of Maryland. Purpose. In the interest of promoting a prompt and just resolution of complaints brought, parties to a complaint are encouraged to enter into a settlement agreement. How Commenced. At any time before the issuance of written finding of facts, either party to a complaint may request that negotiations be entered. Upon receipt of this request, the Executive Director or designee shall attempt to initiate these negotiations by arranging and presiding over a meeting between the parties. If both parties indicate a willingness to enter these negotiations, the Commission staff may require as a condition precedent to the convening of any meeting that the complainant, the respondent, or both, submit information which will facilitate an understanding of the case and promote its resolution. Agreement. If negotiations result in a settlement of the complaint, the parties shall execute a written agreement setting forth the terms of the settlement, and the complainant shall authorize a withdrawal of the complaint. Order of the Commission. An agreement resulting from a settlement shall be executed on behalf of the Commission by the Executive Director or designee and shall constitute an order of the Commission as provided by law. Written Findings. The results of the staff's investigation shall be set forth in a written report entitled “written findings” which shall chronicle the facts found to exist and the conclusions drawn. The findings shall be served on all parties to the complaint. Probable Cause. The Commission shall determine whether, based on the totality of the factual circumstances known at the time of the decision, probable cause exists to believe that a discriminatory act has occurred. The probable cause determination shall be based solely on the facts concerning the alleged discriminatory act, provided by the complainant and respondent and otherwise, disclosed during the investigation. If the Commission determines that probable cause exists, the Commission shall immediately give notice to the complainant, the aggrieved person, and the respondent of this determination. If the Commission determines that no probable cause exists, the Commission shall immediately give notice to the complainant, the aggrieved person, and the respondent of this determination. A final written finding may be amended at any time, if additional information is discovered. Reconsideration. If the findings conclude that there is no probable cause to believe that a discriminatory act has been or is being committed, the complainant shall be given the opportunity to apply to the Commission's Executive Director or designee for reconsideration of the Commission's written findings and recommendations. Reconsideration Process. The application and authority shall be in writing and shall state specifically the grounds upon which it is based. The application and authority shall be filed with the Executive Director or designee within 15 days from the date on which the findings were mailed to the complainant. Written notice that the complainant has requested reconsideration shall be given promptly to the respondent. Not later than 30 days after receipt of an application, the Executive Director or designee shall review the entire file, including the request for reconsideration, and may: Grant or deny the application for reconsideration; and Issue an order the Executive Director or designee considers appropriate. Not later than 30 days after making a determination, the Executive Director or designee shall notify the complainant and respondent in writing of the determination, and do one of the following: If the application for reconsideration is granted, remand the matter to the investigative staff for the appropriate action; or If the application for reconsideration is not granted, administratively close the case. The times set forth in §C of this regulation may be extended by the Executive Director or deputy director for good cause. Conciliation. Upon a written finding of probable cause, the Commission, the complainant, and the respondent shall enter the conciliation process. Written notice of the opportunity to conciliate shall be provided to the parties. Termination of Conciliation Efforts — Respondent's Actions. The Commission may terminate its efforts to conciliate if a respondent fails or refuses to confer with the Commission's staff, or fails or refuses to negotiate in good faith to resolve the dispute. If a written finding of probable cause has been issued, the Executive Director or designee may terminate the efforts to conciliate, notify the parties that conciliation has failed, and certify the case for public hearing as set forth in Regulation .10 of this chapter. Termination of Conciliation Efforts—Complainant's Actions. The Executive Director or designee may administratively close a case if the complainant: Fails to negotiate in good faith; or Rejects an offer of settlement or compromise made by the respondent, in a formal offer of settlements, which provides the complainant with the full relief which is available under the laws enforced by the Commission. Before administratively closing the case, the Executive Director or designee shall: Provide written notice to the complainant; Give the complainant 15 days after the mailing of the notice to object in writing and give reasons why the case should not be administratively closed; Consider the objections filed by the complainant; Administratively close the case if no objections are filed; and Promptly notify both the complainant and respondent of the determination. Prohibitions and Requirements — Disclosure of Information Obtained During Conciliation. Except as provided in §C(2) of this regulation, nothing that is said or done in the course of conciliation under this regulation may be made public or used as evidence in a subsequent administrative hearing under State Government Article, Title 20, Annotated Code of Maryland, without written consent of the persons concerned or as otherwise permitted by law. Conciliation agreements shall be made public, unless the aggrieved person and respondent request nondisclosure and the Commission determines that disclosure is not required to further the purposes of State Government Article, Title 20, Annotated Code of Maryland. Notwithstanding a determination that disclosure of a conciliation agreement is not required, the Commission may publish tabulated descriptions of the results of all conciliation efforts. Review of Compliance with Conciliation Agreements. The Commission may, from time to time, review compliance with the terms of any conciliation agreement. Whenever the Commission has reasonable cause to believe that a respondent has breached a conciliation agreement, the Commission general counsel may file a civil action for the enforcement of the terms of the conciliation agreement. Order of the Commission. An agreement resulting from conciliation shall be executed on behalf of the Commission by the Executive Director or designee and shall constitute an order of the Commission as provided by law. Certification of File. Upon failure of conciliation, the Executive Director or designee shall certify the case for public hearing. An entry identifying this case shall be logged in the Commission's official docket book, which shall be maintained by the Executive Director for cases pending public hearing. Upon certification of the file, the Executive Director or designee shall so notify the parties to an action and issue to complainant notice of opportunity for election of a civil action, pursuant to State Government Article, §20-1007, Annotated Code of Maryland, and Regulation .13 of this chapter. The Executive Director or designee shall forward the certified case file to the Commission's general counsel for further processing. The general counsel, on review of a file so certified, may remand the case to the Executive Director or designee for: Further investigation and, in this case, shall state clearly the issues requiring further investigative proceedings; or Review of the findings and, in this case, shall state clearly the reason or reasons for the review. Statement of Charges. The Commission shall file a statement of charges if: The complainant elects to pursue an administrative action; or The complainant or Commission fails to elect a civil action within the time specified under Regulation .13A of this chapter. The Commission's general counsel shall prepare a written statement of charges in support of the complaint and forward it to the Office of Administrative Hearings together with a written request for a hearing date in accordance with COMAR 28.02.01.04. The statement of charges shall contain: An allegation that the person on whose behalf the complaint is issued is a proper complainant within the meaning of State Government Article, Title 20, Annotated Code of Maryland; An allegation that the respondent is a proper respondent within the meaning of, and subject to, provisions of State Government Article, Title 20, Annotated Code of Maryland; A factual allegation or allegations of an unlawful discriminatory practice or practices; A prayer for relief sought. Consolidation of Complaints. The administrative law judge may consolidate or combine several cases for purposes of hearing or other proceedings, when the administrative law judge finds that sufficient common issues of fact, or law, or both, are involved. Prehearing Procedures. Prehearing Conference. A prehearing conference shall be conducted in accordance with COMAR 28.02.01.13. Notice of Prehearing Conference and Hearing. The administrative law judge shall set the matter in for a prehearing conference, or hearing, or both, on the earliest date practicable and shall, by registered or certified mail, forward to the complainant and to the respondent a statement of charges and a notice of prehearing conference or hearing, which shall include the following: The place, date, and hour of the prehearing conference or public hearing, or both; A statement advising both the complainant and respondent of their respective rights to appear and be represented in this hearing in person, by their attorneys, or both, and that the case in support of the complaint shall be presented by the Commission's general counsel; A statement advising the respondent of his or her right to file an answer to the statement of charges; and The name of the administrative law judge who shall conduct this prehearing conference or hearing or a statement that an administrative law judge will be subsequently designated. The administrative law judge shall forward a copy of the notice of prehearing conference, or public hearing, or both, to the general counsel of the Commission. The prehearing conference or public hearing, or both, may not be less than 20 or more than 60 days after the issuance and service of the statement of charges and notice of prehearing conference, or public hearing, or both. Settlement Conference. When required, a settlement conference shall be conducted in accordance with COMAR 28.02.01.14. Answer. Any answer made to the statement of charges shall be filed within 15 days after service of the statement of charges. Upon application in writing to the administrative law judge before the end of the 15 days, the administrative law judge may, for good cause shown, extend the time within which an answer may be filed. The answer shall be filed with the Office of Administrative Hearings and the original of the answer shall be signed under oath or affirmation of the respondent and shall contain: The name and address of the respondent; The name, address, and telephone number of the respondent's attorney, if any; A specific admission or denial or assertion that the respondent is without sufficient knowledge or information to form a belief with respect to each and every allegation of the complaint; A statement of any matter constituting a defense to any allegations in the statement of charges; A certification that service of this answer has been made upon all other parties. Any allegation in the statement of charges which is not denied or admitted in the answer shall be deemed admitted, unless the respondent shall state in the answer that it is without sufficient knowledge or information to form a belief with respect to this allegation. Any allegation of new matter contained in the answer shall be deemed denied without the necessity of a reply being filed, unless a reply is ordered by the administrative law judge conducting the hearing. Preliminary Matters—Motions. All preliminary matters shall be raised by motion filed at either the prehearing conference or not later than 45 days before the public hearing. The motion shall be in writing, stating briefly the relief applied for, with a memorandum stating the reasons and any law that may support the motion. The motion and two copies together with a certificate of mailing to all parties shall be filed with the administrative law judge. An answer to a preliminary motion shall be in writing and include: A memorandum stating the reasons and any law that may be in support of the answer; and Certification that a copy has been mailed to all parties. The original and two copies of the answer shall be filed with the administrative law judge within 15 days of receipt of the original motion unless otherwise directed by the administrative law judge. The administrative law judge shall decide all motions without oral argument on the motions, unless the administrative law judge desires oral argument or testimony. If the administrative law judge desires oral arguments, the administrative law judge shall set the date, place, and time, and notify all parties. General Information. Location of Hearing. An administrative law judge shall conduct the hearing at a place in Baltimore City or the county in which the discriminatory practice is alleged to have occurred. The administrative law judge shall conduct the hearing in accordance with COMAR 28.02.01.07, and State Government Article, §20-1008(a), Annotated Code of Maryland. Time Computations. Time computations under this regulation shall be in accordance with Article 1, §36, Annotated Code of Maryland. Except for time periods required by statute, the administrative law judge may enlarge or reduce any time period required under this regulation when necessary to avoid prejudicing the public interest or the rights of the parties. In computing any time period involved, the date of the issuance of an order or decision by an administrative law judge is the date the order or decision is served by the Office of Administrative Hearings. Documents are not filed until received by the Office of Administrative Hearings. Service and Filing. Service of documents under this regulation shall be in accordance with COMAR 28.02.01.24. Copies of all filed documents shall be served on all parties of record. All filed documents shall clearly designate the docket number, if any, title of the proceeding, and certificate of service. Parties shall file all documents with the Office of Administrative Hearings. Administrative Law Judge. Authority. The powers and duties of an administrative law judge shall be in accordance with COMAR 28.02.01.08A and B. Disqualification. Any disqualification of an administrative law judge shall be in accordance with COMAR 28.02.01.08C. Ex Parte Communications. An ex parte communication shall be defined and prohibited in accordance with State Government Article, §10-219, Annotated Code of Maryland. Parties. Parties to the proceedings include: The Commission that files the charge under Regulation .10 of this chapter seeking appropriate relief for an aggrieved party and the public interest; A complainant who is the person who files a complaint of discrimination issued under Regulation .03 of this chapter; A respondent who is a person named in the complaint issued under Regulation .03 of this chapter against whom relief is sought; An aggrieved person who may file a request for intervention under COMAR 28.02.01.12; and Representation of the parties which shall be in accordance with COMAR 28.02.01.09. Pleadings and Motions. Pleadings. Form. Every pleading, motion, brief, or other document shall contain a caption setting forth the title of the proceeding, the case number assigned by the Commission, and the designation of the type of document (for example, charge, answer, or motion to dismiss). Signature. Every pleading, motion, brief, or other document filed by a party shall be signed by the party, the party's representative, or the attorney representing the party, and shall include the signer's address and telephone number. The signature constitutes a certification that the signer has read the document, that to the best of the signer's knowledge, information, and belief there is good ground to support the document, and that it is not interposed for delay. Motions. All motions to an administrative law judge shall be in accordance with COMAR 28.02.01.16 except when otherwise provided in Regulation .10F of this chapter. Discovery. Discovery shall be conducted in accordance with COMAR 28.02.01.10. Subpoenas. Subpoenas shall be issued in accordance with State Government Article, §§20-1010 and 20-1023, Annotated Code of Maryland, and COMAR 28.02.01.11. Hearing Procedures. Place. The hearing shall be conducted in Baltimore City or the county where the discriminatory practice is alleged to have occurred. Notice of Hearing. The parties shall be notified of the hearing in accordance with Regulation .10D(2) of this chapter. Conduct of Hearing. The hearing shall be conducted in accordance with COMAR 28.02.01.17. Evidence. Evidence shall be admitted in accordance with State Government Article, §10-213, Annotated Code of Maryland, and COMAR 28.02.01.18. Stipulations. The administrative law judge may accept stipulations in accordance with COMAR 28.02.01.15 upon the showing of mutual consent of the parties. Affidavits. The administrative law judge may accept affidavits in accordance with COMAR 28.02.01.15 upon showing: Mutual consent of the parties; That the affiant is unavailable to testify; and That the party seeking to introduce the affidavit has exercised reasonable diligence to locate the affiant. Failure to Attend Hearing and Default. A party's failure to attend a hearing and the subsequent default process shall be in accordance with COMAR 28.02.01.20. Appointment of Interpreter. In situations when an interpreter is required, appointment shall be made in accordance with COMAR 28.02.01.19. Public Hearings. Proceedings under this regulation shall be open to the public in accordance with COMAR 28.02.01.21. Transcript of Hearing Record. The administrative law judge shall cause the testimony taken at the hearing to be transcribed. This transcript, together with all pleadings, exhibits, and other materials introduced into evidence shall constitute the record of the case as defined by State Government Article, §10-218, Annotated Code of Maryland. Decision of Administrative Law Judge. In General. The administrative law judge shall issue a decision and order including findings of fact and conclusions of law upon each material issue of fact and law presented on the record. Decisions by the administrative law judge shall be in accordance with COMAR 28.02.01.22. Finding Against Respondent. If the administrative law judge finds that a respondent has engaged in a discriminatory practice, the administrative law judge shall issue a decision against the respondent and order such relief as may be appropriate. This order shall set out the mechanism by which its provisions shall be monitored for compliance. Finding in Favor of Respondent. If the administrative law judge finds that a respondent has not engaged in a discriminatory practice, the administrative law judge shall make an initial decision dismissing the charge. Service of Decision. The decision of an administrative law judge shall be delivered to all parties, the complainant, the respondent, and the Commission with a notice indicating the right of the Commission, the complainant, or the respondent to enter an appeal of this decision to an appeal board of the Commission within 30 days, in accordance with State Government Article, §20-207(f), Annotated Code of Maryland, and Regulation .12 of this chapter. Final Decision and Order. In the absence of a timely appeal, the decision of the administrative law judge shall become the final decision and order of the Commission, signed by the chairman, and from which no further administrative appeal may be taken. Notice of Appeal. An appeal may be taken by the Commission, the respondent, or the complainant. An appeal to the Appeal Board of the Commission shall be taken by filing with the administrative law judge a written notice of appeal within 30 days from the date of the delivery of the decision to the appealing party. This notice shall be sufficient if it is titled and captioned in the same manner as the case before the administrative law judge, and if it contains language indicating that the party desires a review of the decision of the administrative law judge. The appealing party shall serve a copy of the notice of appeal upon all other parties and shall certify in the notice of appeal that this service has been made. If a timely notice of appeal is filed by a party, any other party may file a written notice of appeal within 15 days of the date on which the first notice of appeal was filed or within the 30-day period set forth in §A(1) of this regulation, whichever is later. The administrative law judge shall promptly forward to the Chairman the transcript of the hearing together with all pleadings, exhibits, and other materials constituting the record of the case. If any question presented by an appeal can be determined by the Appeal Board without an examination of the entire record, the parties may prepare and sign a statement of the case showing how the question arose and was decided, setting forth only so much of the facts alleged and proved, or sought to be proved, as are essential to a decision of the question by the Appeal Board. A statement prepared under §A(7) of this regulation, when filed with the Appeal Board, shall be treated as superseding, for the purposes of the appeal, all parts of the record other than the decision from which the appeal is taken, and, together with this decision, shall be transmitted to the Appeal Board as the record on appeal. Statement of Issues on Appeal. Within 30 days after the date on which notice of appeal is mailed, the person appealing shall set forth in writing a concise statement of issues upon which this appeal is taken together with a memorandum of law in support of it. The original and five copies of the statement and memorandum shall be mailed to the chairperson and shall include a certificate that copies of the statement and memorandum have been mailed to the appellees. Answer. Within 30 days from the date the statement of issues is mailed, the appellee or appellees shall file an answer to statement together with a memorandum of law. The original and five copies of the answer and memoranda shall be mailed to the chairperson and shall include a certificate that copies have been mailed to all appellants. Selection of Appeal Board. The chairperson of the Commission shall promptly: Appoint an Appeal Board, which shall consist of three commissioners, to decide the appeal; Designate one member as chairperson; and Provide written notification to members of the board, the Commission, all respondents, and all complainants. Hearing. The Appeal Board shall decide whether it wishes to hear oral argument. If the Board chooses not to hear oral argument, it shall promptly, in writing, notify the Commission, complainants, and respondents. If the Board chooses to hear oral argument, the chairman of the board shall notify the Commission, complainants, and respondents of the time, place, and date of the hearing of oral argument. Oral argument shall then be limited to 30 minutes for each party to the appeal, and confined to the record of the case heard by the administrative law judge. The Appeal Board, in its discretion, may permit the admission of additional evidence not produced at a public hearing, upon a request made and good cause shown by the party proposing the admission of the new evidence. Decision and Order. The Appeal Board may affirm, reverse, or modify the administrative law judge's decision. In making its determination, the Board shall consider: The entire record; or Upon agreement of the parties as set forth in §A(6) of this regulation, the statement of the case, including the decision of the administrative law judge. In all appeals filed with the Appeal Board after June 1, 1989, the Appeal Board shall render its decision within 180 days after an Appeal Board has been selected pursuant to §D of this regulation. A decision and order remanding the case for further proceedings is not a final decision and order of the Appeal Board. A copy of the decision and order and, when applicable, a notice of the right to apply for judicial review of the order under the appropriate provisions of the Maryland Administrative Procedure Act shall be served on all parties to the case. Failure to comply with the provisions set forth in this regulation may result in dismissal of the appeal. A ruling on a motion to dismiss the appeal for failure to follow the provisions set forth in this regulation shall be made by the chairperson of the Appeal Board, or by the chairperson of the Commission, or a commissioner designated by the chairperson, if an appeal board has not yet been appointed. Right to Election of a Civil Action. A complainant or respondent may elect to have the Commission assert the claim in a civil action, pursuant to State Government Article, §20-1007, Annotated Code of Maryland, in lieu of an administrative action, pursuant to State Government Article, §20-1008, Annotated Code of Maryland. The complainant or respondent shall make an election of civil action not later than 30 days after receipt of notice of opportunity for an election. The complainant or respondent shall give notice of an election of civil action to all parties to the action, including the Commission. Commission-Initiated Civil Actions. Pursuant to State Government Article, §20-1007(b), Annotated Code of Maryland, the Commission may elect to file a complaint in a civil action on the Commission’s own behalf if: The Commission determines there is probable cause to believe the respondent has engaged in or is engaging in a discriminatory act; Conciliation efforts have failed; and The file has been certified for public hearing. The Commission shall make the election within 30 days after certifying the file for public hearing. The Commission shall provide notice of the election to all parties. Commencement of Civil Action. If an election for a civil action is made, either by the complainant or the Commission, the Commission's General Counsel shall commence a civil action seeking relief on behalf of the aggrieved person in the appropriate circuit court. The Commission shall file the civil action not later than 60 days after the election is made. The Commission shall file the civil action in the circuit court of Baltimore City or the county where the alleged discriminatory act occurred. Intervention. Upon timely application, a person may intervene, pursuant to State Government Article, §20-1014(a), Annotated Code of Maryland, in a civil action brought by the Commission under this regulation if the action involves: An alleged act of discrimination to which the person is a party; or A conciliation agreement to which the person is a party. The court may grant any appropriate relief to an intervening party that is authorized to be granted to a plaintiff in a civil action filed under §B of this regulation. Remedies. If the court determines that the respondent has engaged in a discriminatory practice, the court may provide remedies as specified in State Government Article, §20-1009(b), Annotated Code of Maryland. Attorney's Fees and Costs. In an action brought under this regulation, the court, in its discretion, may award the prevailing party reasonable attorney's fees, expert witness fees, and costs. For an intervenor, attorney's fees and costs shall be allowed in the discretion of the court as follows: An intervenor is liable for reasonable attorney's fees and costs only to the extent that an intervenor's participation in the proceeding was frivolous or vexatious, or was for the purpose of harassment; or To the extent that an intervenor is a prevailing party, the respondent is liable for reasonable attorney's fees. Right to Private Right of Action. Pursuant to State Government Article, §20-1013, Annotated Code of Maryland, a complainant may file a private right of action against the respondent in the circuit court of Baltimore City or the county where the alleged discriminatory act occurred. A complainant may file a private right of action if: The complainant initially filed a timely administrative charge or complaint under federal, State, or local law alleging a discriminatory act by the respondent; At least 180 days have elapsed since the date of filing of the administrative complaint; and The civil action is filed not more than 2 years after the occurrence of the alleged discriminatory act. Notice of Intent to File a Private Right of Action. In a complaint that is filed with the Commission, the complainant shall provide written notice of intent to file a private right of action to the Commission and all parties to the action. Dismissal of Proceedings Pursuant to Private Right of Action. Upon receipt of the complainant's written notice of intent to file a private right of action, the Commission shall cease further processing of the complaint provided that the prerequisites of §B of this regulation have been met. Within 90 days after providing written notice of intent to file a private right of action, the complainant shall provide the Commission with a copy of the bill of complaint indicating that a private right of action was filed. Upon receipt of the bill of complaint, the Executive Director shall issue written notice of dismissal of proceedings pursuant to Regulation .04F of this chapter. The Commission shall administratively close the case pursuant to Regulation .04E of this chapter. Intervention. Upon timely application, the Commission may intervene, pursuant to State Government Article, §20-1014(b), Annotated Code of Maryland, in a private right of action filed under this regulation if the Commission certifies that the case is of general public importance. The court may grant any appropriate relief to an intervening party that is authorized to be granted to a plaintiff in a civil action filed under §B of this regulation. Remedies. If the court determines that the respondent has engaged in a discriminatory practice, the court may provide remedies in accordance with State Government Article, §20-1013(d)—(e), Annotated Code of Maryland. Attorney's Fees and Costs. In an action brought under this regulation, the court, in its discretion, may award the prevailing party reasonable attorney's fees, expert witness fees, and costs. The Commission may make and file a complaint in its name in the same manner as if the complaint had been filed by an individual or individuals, when it has received reliable information that any person has been engaged or is engaged in an unlawful discriminatory practice in violation of State Government Article, Title 20, Annotated Code of Maryland. Initiation of Commission Complaints. Upon receipt by the Commission of reliable information that a person is engaged, or has been engaged, in unlawful discriminatory practices warranting the initiation of a Commission complaint, the Executive Director or designee shall present the information in writing to the Commission chairperson for consideration. If, in the judgment of the chairperson, a preliminary investigation is warranted, the chairperson shall direct the Executive Director to undertake such an investigation. Upon completion of the investigation the Executive Director shall forward to the general counsel a written summary of the investigation together with instructions to prepare a formal Commission complaint. The general counsel shall forward this complaint to the Executive Director who shall present the complaint to the chairperson for authorization by three Commissioners which, upon this authorization, shall constitute a Commission complaint. If the Commission authorizes a complaint under this section, it shall be forwarded to the Executive Director for processing in accordance with these regulations as otherwise applicable to complaints filed. General. When a problem of racial discrimination arises, the Commission immediately may hold an investigatory hearing. The purpose of the investigatory hearing shall be to resolve the problem promptly by the gathering of all facts from all interested parties and making the recommendations as may be necessary. The place of the hearing shall be in the area where the problem exists. Preliminary Investigations. Upon receipt of reliable information that a problem of racial discrimination may exist that is not covered by State Government Article, §§20-301—20-305, 20-401—20-402, 20-606—20-607, 20-703—20-706, and 20-901—20-902, Annotated Code of Maryland, the Commission may, upon a vote of the majority, appoint a committee to conduct an investigation on its own or refer the matter to the Commission staff for a prompt preliminary investigation. In conducting the investigation the Commission or staff, or both, shall: Contact all persons considered by the Commission to be an interested party outlining the nature of the reliable information and giving each party an opportunity to respond; Conduct interviews or hold conferences with any person or organization who may have relevant and credible information to determine whether further investigation is warranted by the Commission; Obtain any materials and documents relevant or necessary to clarify or resolve any potential issues; If possible or practical, attempt to resolve the problems and issues between all interested parties by conference, conciliation, and persuasion; and Prepare a written report of the results of the preliminary investigation which shall summarize the issues involved, present the positions of the interested parties, summarize pertinent potential witness testimony, summarize the contents of any documentary evidence obtained, and make a recommendation of further action, if any, to be taken by the Commission. Notice of Hearings. After the preliminary investigation is completed and the written results are submitted to the Commission, the Commission, upon a majority vote, may conduct a public hearing to fully gather all facts. In the conduct of the hearing the Commission shall issue a public notice of the hearing which shall state: The time, date, and place of the hearing; The names of any designated interested parties; A general description of the issues to be considered at the hearing; That any party interested or member of the public may attend and present written or oral statements when the presiding officer is in attendance, concerning the announced issues; and That presentations may be limited as to time and that the number of spokespersons representing any groups or organization may be limited. Conduct of Public Hearings. The chairperson of the Commission shall preside at the public hearings, which may be called to order without need for a quorum. If the chairperson is absent or has been disqualified, the vice-chairperson or another Commissioner shall preside. All testimony taken shall be under oath or affirmation. The chairperson or presiding officer, with the advice of a legal advisor, if needed, shall: Make all rulings as to evidence, testimony, and official notice; Set the order for the testimony of the witnesses, and set time limitations for the testimony; and Allow witnesses to make an opening statement, after which the chairperson and other Commissioners, including the Commission's general counsel, may question the witness. All evidence and testimony shall be relevant and pertain solely to the issues being considered in a particular proceeding. Redundant evidence or testimony may not be permitted at public hearings or in the records of proceedings. Nonexpert opinion testimony may be considered at a hearing and documentary opinion evidence may be entered in the record of a proceeding if the testimony or evidence is based on facts and matters admissible into evidence and the facts and matters are within the personal knowledge of the submitter of the document. Expert Testimony. Qualification as an expert shall be within the discretion of the chairperson. The expert qualification need not be based upon academic degrees or learning. Reasonably extensive practical experience with the subject may be sufficient for an expert qualification. Reliable and probative documents previously filed with or compiled by the Commission or its staff or consultants that are relevant to issues being considered by the Commission may be incorporated by reference into the record of a proceeding by the Commission or, with leave of the chairperson, by a party to the proceeding. Transcript of Hearing Record. The chairperson shall cause the testimony taken at the hearing to be transcribed. This transcript, together with written testimony, exhibits, and other materials introduced into evidence, shall constitute the record of the proceedings. Subpoenas. At any time during the conduct of a preliminary investigation or the investigatory hearing the Commission may issue subpoenas directing a designated person to do the following: Appear to testify at a hearing or private prehearing conference conducted by the Commission or its staff; Appear at a specified time and date at the Commission offices or any designated place within the State, and, under oath or otherwise, give testimony and answer questions of the Commission or its staff; or Produce documents, reports, or records of a particular activity for a specific period of time if the designated person has custody of or access to the documents, reports, or records (the records may be in any reasonable form and the production shall be made at a specified time, date, and place). A subpoena shall be in whatever form is prescribed by the Commission and shall include: The name, title, if any, and address of the person upon whom it is to be served and the address at which it is to be served; The names, titles, or positions of the witnesses who shall appear and the time, date, and place of their appearance; and A reasonable specification of the documents, reports, or records, or all of these, to be produced at the designated time and date and place. Decision and Recommendation of the Commission. The decision and the recommendation of the Commission shall be based solely on the testimony, examination, and evidence presented at the public hearing. The deliberations of the Commission may be held in private executive session. The decision shall be made by a majority of the Commission members who have attended all sessions of the public hearing, or who have read the record of hearings. The decision or the recommendation shall be in writing and shall state the reasons and grounds for the Commission's decision. The recommendations shall be directed to the affected interested parties as well as to any other appropriate private or public body. The Commission may also make recommendations to the Governor for additional legislation or changes in existing legislation. The Commission shall then publish a notice that: Copies of the Commission's decision and recommendations may be obtained by written request to the Commission offices; and The record of the complete proceeding is open for public inspection at the Commission offices during regular business hours. General. An interested person may submit to the Commission a petition for a declaratory ruling with respect to the manner in which the Commission would apply the provisions of State Government Article, Title 20, Annotated Code of Maryland, to a person on the facts set forth in the petition. The Commission may, in its sound discretion, declare whether any policy, practice, or conduct constitutes or would constitute unlawful discrimination within the meaning of State Government Article, §§20-301—20-305, 20-401—20-402, 20-606—20-607, 20-609, 20-701, 20-703—20-706, 20-709, and 20-901—20-902, Annotated Code of Maryland. This section shall be invoked solely for the purpose of determining the rights of the parties in the event of a controversy or uncertainty as to applicable law. Any issue or matter which is the subject of a formal complaint or Commission investigation is outside the scope of this section. An opinion or declaration made by any officer or employee of the Commission may not bind the Commission except as provided in this section or by Regulation .07, .09, .10, .12, or .17 of this chapter. Contents of Petition. A petition for declaratory ruling shall be in writing and under oath. The petition shall contain the following: The name and address of the petitioner; The names of all persons or groups of persons who may have an interest which would be directly affected by the declaratory ruling; A full disclosure of the petitioner's interest in the matter and how this interest would be affected by the declaratory ruling; The precise reasons why a declaratory ruling is necessary and appropriate in this case; A detailed statement of the facts giving rise to the controversy or uncertainty; The specific declaratory ruling sought; and Argument in support of the ruling, with citation of all relevant statutory provisions. Filing of Petition; Notice. Petitions under this section shall be filed with the Office of Administrative Hearings. The petitioner shall serve by registered or certified mail a copy of the petition upon the general counsel and all persons having an interest in the matter. A certification of service shall be filed with the petition. If the controversy or uncertainty is one affecting a class or subclass of persons, the administrative law judge may require that written notice of the petition be given to some or all members in the manner the administrative law judge considers appropriate. Parties; Intervention. Parties. For purposes of this section, a party includes: A person or organization whose membership includes any persons who, as a result of the declaratory ruling, may gain or be deprived of a legal right, privilege, or benefit; One or more representatives of a class or subclass whose members may, as a result of the declaratory ruling, gain or be deprived of legal rights, privileges, or benefits; and The Commission. Joinder and Intervention of a Party. A person having a substantial interest in the controversy or uncertainty shall be permitted to join or intervene in the proceeding as a party. A representative may be joined or permitted to intervene as a party if: The class is so numerous that joinder of all members is impracticable; There are questions of law or fact common to the class; The claims or defenses of the representative party are typical of the claims or defenses of the class; or The representative party will fairly and adequately protect the interests of the class. In proceedings under this section, the Commission shall be represented by the General Counsel. Motion to Dismiss; Grounds. Within 30 days from the date the petition is served, any party may file a motion to dismiss the petition on the grounds that a declaratory ruling is inappropriate. Within 90 days from the date the petition is filed, the administrative law judge shall make a written determination that the matter is appropriate for resolution through declaratory ruling or dismiss the petition on the grounds that a declaratory ruling is inappropriate. Grounds for dismissal include, but are not limited to the following: Petitioner has failed to follow the rules of procedure or petition requirements set forth in this regulation; Petition does not raise a substantial question of law or fact with respect to the provisions of State Government Article, Title 20, Annotated Code of Maryland; Controversy or uncertainty is more appropriately resolved through the complaint resolution procedures of Title 20 of the State Government Article; Controversy or uncertainty is the subject of proceedings in another forum or can be resolved by resort to other statutory or administrative remedies; or Contemplated proceedings do not constitute an efficient utilization of agency resources. Briefs on Merits of Petition; Oral Argument. If the case is determined by the administrative law judge to be appropriate for declaratory ruling, the petitioner shall file within 30 days a brief setting forth argument in support of the petition or, if the petitioner so desires, can notify the administrative law judge in writing that the petitioner is relying upon the arguments set forth in its original petition. Within 30 days from the date the petitioner's brief is filed, or from the date that written notification is given that petitioner is relying upon the argument set forth in its petition, any party may file a reply brief setting forth the party's argument in support of or in opposition to the declaratory ruling. The administrative law judge may permit oral argument on the questions of law or fact set forth in the petition and briefs. The petitioner and all parties shall have the right to be represented by counsel and to be present. Decision; Effect of Ruling. The administrative law judge may grant the petition, deny the petition, or alternatively, dismiss the petition on the grounds that a declaratory ruling is inappropriate. A declaratory ruling, if issued, shall declare the rights of the parties or express the opinion of the administrative law judge on the question presented. The decision shall be in the form of a decision and shall state the conclusions of law. As to the petitioner, a declaratory ruling shall bind the Commission on the facts set forth in the petition. A declaratory ruling may be prospectively revoked, altered, or amended by the Commission at any time. Appeal; Judicial Review. An appeal to the Appeal Board of the Commission shall be taken and decided in accordance with the procedures set forth in Regulation .12 of this chapter. In the absence of a timely appeal, the decision of the administrative law judge shall become the final order of the Commission. A declaratory ruling by the Commission is subject to review in circuit court. General. This regulation sets out the procedures for filing requests with the Maryland Commission on Human Relations for the inspection and copying of records under the Public Information Act, State Government Article, §§10-611—10-630, Annotated Code of Maryland. It is the policy of the Commission to facilitate public access to the records of the Commission, when that access is allowed by law, by minimizing costs and time delays to persons requesting information. It is also the policy of the Commission to safeguard and preserve the confidentiality of investigations of complaints made under State Government Article, Title 20, Annotated Code of Maryland, by restricting access to records when access is prohibited or restricted by law. Definitions. “Act” means the Public Information Act, State Government Article, §§10-611—10-628, Annotated Code of Maryland. “Applicant” means a person requesting disclosure of public records. “Commission” means the Maryland Commission on Human Relations. Custodian or Official Custodian. “Custodian” or “official custodian” means the person who is responsible for the maintenance, care, and keeping of the public records of the Commission. Unless otherwise provided by law, the Executive Director or designee is the official custodian of the Commission's records. “Executive Director” means the Executive Director of the Maryland Commission on Human Relations, or designee. “Final disposition” means the: Commission has found no probable cause, or has otherwise terminated its investigation; Administrative law judge and, if applicable, the Commission's Appeal Board have rendered their decisions; or Time to note an appeal to the Commission's Appeal Board has passed. “Investigative case file” means any record, regardless of physical form, generated or received by Commission staff in the course of the investigation of a complaint alleging a violation of State Government Article, §§20-301—20-305, 20-401—20-402, 20-602, 20-606—20-607, 20-705—20-706, and 20-901—20-902, or Health-General Article, §19-355, Annotated Code of Maryland, or the Governor’s Code of Fair Employment Practices, Order 01.01.2007.16 (August 22, 2007), as amended, including the complaint itself and any documents indicating the identity of a complainant or respondent until the stage of public hearing. “Public hearings” means any public hearing before either the Office of Administrative Hearings or any federal or State court of law. Public Records. “Public records” means all papers, correspondence, forms, books, photographs, photostats, films, microfilms, sound recordings, video recordings, maps, drawings, or other written documents, regardless of physical form or characteristics. “Public records” includes all copies made or received by the Commission in connection with “investigative case files” as defined in §B(7) of this regulation, and as set forth in Regulation .19E of this chapter. “Public records” includes salaries of all employees of the Commission. “Working day” means a day other than Saturday, Sunday, or State holiday. “Written documents” means all books, papers, maps, photographs, cards, tapes, recordings, computerized records, and other documentary materials, regardless of physical form or characteristics. Retention of Investigative Case Files. The custodian shall maintain, as a public record of the Commission, all documents made or received by the Commission contained in the investigative case files, for a period of 18 months from the date of final disposition of the respective discrimination charge. Records Temporarily Unavailable. If a requested public record is in the custody or under the control of the person to whom written application is made but is not immediately available for inspection or copying, the custodian shall, within 10 working days of the receipt of the request, so notify the applicant and set a date and hour within a reasonable time for inspection or copying. Records Destroyed or Lost. If a requested record has been destroyed or lost, the custodian to whom the application is made shall, within 10 working days of the request, notify the applicant of this fact and explain in the response the reasons why the record cannot be produced. Who May Request. Any person may request to inspect or copy public records of the Commission. Applications. A person or governmental unit that wishes to inspect a public record shall submit a written application to the custodian. If the individual to whom the application is submitted is not the custodian of the record, within 10 working days after receiving the application, the individual shall give the applicant notice of that fact and, if known, shall provide the name of the custodian and the location or possible location of the public record. Contents of Written Application. A written application shall contain the applicant's name and address, shall be signed by the applicant, and shall reasonably identify by brief description the record sought. Response to Written Application. Granting of Request. If the custodian decides to grant a written application for inspection, the custodian shall produce the record for inspection immediately or within a reasonable period that is needed to retrieve the public record, not to exceed 30 days from the date of the application. Denial of Request. If the custodian denies the application, the custodian immediately shall notify the applicant and within, 10 working days, give the applicant a written statement that states the reason for the denial, the legal authority for the denial, and notice of the remedies under State Government Article, §§10-622 and 10-623, Annotated Code of Maryland, for review of denial. The custodian shall permit inspection of any part of the record that is subject to inspection and reasonably severable from the material to which access is denied by the custodian. Request Made to an Individual Who is Not the Custodian of the Request Record. If a requested public record is not in the custody or control of the person to whom written application is made, that person shall, within 10 working days of the receipt of the request, notify the applicant. If the person to whom the application is made knows the name of the custodian of the record or the location or possible location of the record sought, this information also shall be given to the applicant. With the consent of the applicant, any time limit imposed under this section may be extended for not more than 30 days. Notification of Persons Who May be Affected by Disclosure. Unless prohibited by law, the custodian may notify any person who could be adversely affected by disclosure that an application for inspection or copying of the record has been made. The custodian may consider the comments of that person before deciding whether to disclose the record of the applicant. Precertification Production of Investigative Case Files. Pursuant to State Government Article, §20-1101, Annotated Code of Maryland, during the investigation of any complaint alleging a violation of State Government Article, §§20-301—20-305, 20-602, 20-606—20-607, 20-705—20-706, and 20-901—20-902, Annotated Code of Maryland, and until the matters reach the stage of public hearings, the Commission is required to hold confidential any information in relation to investigative case files. Release of Information. Any request for information relating to investigative files before the charge has reached the public hearing stage will be denied, except those made pursuant to provisions of State Government Article, §20-1101, Annotated Code of Maryland. Any information may be released at any time if the release has been agreed to in writing by both complainant and respondent. The identity of the complainant may be disclosed to the respondent at any time. Certified Investigative Case Files. The custodian may deny inspection of: Cases which have been certified for public hearings under Regulation .10A of this chapter, and any other requests for information, in accordance with State Government Article, §10-618, Annotated Code of Maryland; and An investigative case file or other document if the custodian believes it would be against public interest, subject to the provisions of §E(2) of this regulation. The custodian may deny inspection by a person in interest only to the extent it would: Interfere with a valid and proper law enforcement proceeding; Deprive another person of a right to a fair trial or an impartial adjudication; Constitute an unwarranted invasion of personal privacy; Disclose the identity of a confidential source; Disclose an investigative technique or procedure; Prejudice an investigation; or Endanger the life or physical safety of an individual. Privileged Information. A person may not inspect or copy any information which is privileged by law. Request for Review. If a written application is denied by the custodian for a reason other than that the record is temporarily unavailable, the applicant may, within 30 days after receipt of the notice of the denial, request administrative review of the denial, as described in §A(2) of this regulation. An applicant shall request administrative review of denial of an application for information by filing a written request within 30 days of the denial with the Chairperson of the Commission on Human Relations. In the written request for review, the applicant shall state their name, shall sign the request, shall identify by brief description the record sought, and include a copy of the writing from the custodian denying the request. The Chairperson shall issue the final decision of the Commission within 60 days of the request for review, unless the applicant requests a hearing as described in §A(5) of this regulation. Request for Administrative Hearing. If the applicant requests a hearing, the hearing shall be conducted by an administrative law judge designated by the chairperson. The hearing shall be governed by the Commission's rules of procedure in Regulation .11G of this chapter. After the hearing, the administrative law judge shall prepare a recommended decision for the Chairperson. The Chairperson shall issue the final decision of the Commission within 60 days of the date of the hearing. Request for Judicial Enforcement. If the applicant chooses not to request an administrative review under §A(1) of this regulation, the applicant may file an action for judicial enforcement under State Government Article, §10-623, Annotated Code of Maryland, without exhausting that administrative remedy, as provided by State Government Article, §§10-622 and 10-623, Annotated Code of Maryland. Disclosure Against Public Interest. If, in the opinion of the Executive Director, disclosure of any public record that is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the Executive Director may temporarily deny the request in writing and apply within 10 working days of the denial to the appropriate court for an order permitting continued denial or restriction of access. Notice of the application filed with the circuit court shall be served on the applicant in the same manner that is provided for service of process by the Maryland Rules of Procedure. Fees. The custodian shall provide copies, printouts, or photographs only upon payment of the applicable fee by the applicant. The fees to be charged for any copies, printouts, or photographs shall be established by the Executive Director. If the custodian is unable to copy a record within the Commission, the custodian shall make arrangements for the prompt reproduction of the record at public or private facilities outside the Commission. In a situation pursuant to §C(3) of this regulation, the custodian shall either collect from the applicant a fee to cover the actual cost of reproduction or direct the applicant to pay the cost of reproduction directly to the facility making the copy. Before copying a record, the custodian shall estimate the cost of reproduction and either obtain the agreement of the applicant to pay the cost or demand prepayment of any estimated fee before reproducing the record. The official custodian may charge reasonable fees for an official's or employee's time expended searching for requested records or for any time expended preparing records for inspection and copying, except for the first 2 hours of official or employee time that is needed to respond to a request for information. Fee Waiver or Reduction. Upon request, the official custodian may waive or reduce any fee charged pursuant to this section if the custodian determines that the waiver or reduction is in the public interest. The custodian shall consider, among other relevant factors, the ability of the applicant to pay the cost or fee. If the applicant requests that copies be mailed or delivered to the applicant, the custodian may charge the applicant for the cost of postage or delivery to the applicant. Time of Inspection. An applicant may inspect any public record that the applicant is entitled to inspect during the normal working hours of the Commission. Place of Inspection. The place of inspection shall be the place where the document is located unless the custodian, after taking into account the applicant's expressed wish, determines that another place of inspection is more suitable and convenient. Process. Pursuant to State Government Article, §10-123, Annotated Code of Maryland (Administrative Procedure Act), an interested person may petition this agency requesting the promulgation, amendment, or repeal of any regulation. Within 60 days after receipt of the petition, the Commission will either deny the petition in writing, stating the reasons for the denial, or initiate the rule-making proceedings which would accomplish the promulgation, amendment, or repeal. The petition shall be addressed to the Executive Director, shall state clearly the intent and, when possible, the wording of the proposal, as well as a concise statement of the reason or reasons. The Executive Director or designee shall submit the petition, along with recommendations, to the Commissioners for their consideration. A written report of the Commission's action shall be sent to the petitioner within 60 days of its receipt by the Commission. If, in response to this petition, the Commission decides to promulgate, amend, or repeal a regulation, it shall follow the procedures set forth by Maryland law. The Commission reserves the right to edit the language or style to comport with the style of its regulations, to the extent that the editing does not interfere with the substance of any promulgation or amendment proposed through the petition process, as set out in §§A—C of this regulation. If an award is made against the State under this title, the State shall pay the award as soon as practicable within 20 days after the award is final, provided that the State has sufficient money available at the time an award is made. Payment of an award made against the State under this title shall be made in accordance with State Government Article, §20-904, Annotated Code of Maryland. State Government Article, §§10-204, 10-304, 20-207(f), and 20-1006—20-1015, Annotated Code of Maryland Effective date: Chapter adopted as an emergency provision effective December 6, 1977 (4:27 Md. R. 2096) Chapter adopted effective April 21, 1978 (5:8 Md. R. 595) Regulation .01 amended effective October 30, 1989 (16:21 Md. R. 2263) Regulation .02 amended effective April 6, 1979 (6:7 Md. R. 579); October 30, 1989 (16:21 Md. R. 2263) Regulation .02E amended as an emergency provision effective July 30, 1991 (18:17 Md. R. 1913); emergency status expired July 1, 1992 Regulations .02E and .05B amended as an emergency provision effective January 27, 1981 (8:3 Md. R. 224); emergency status extended to September 4, 1981 (8:13 Md. R. 1136); adopted permanently effective September 14, 1981 (8:18 Md. R. 1480) Regulations .02I adopted and .03A amended as an emergency provision effective November 18, 1987 (14:25 Md. R. 2657); emergency status extended at 15:13 Md. R. 1549 (Emergency provisions are temporary and not printed in COMAR) Regulation .03 amended effective October 30, 1989 (16:21 Md. R. 2263) Regulation .03C, D amended effective April 6, 1979 (6:7 Md. R. 579) Regulation .05 amended effective October 30, 1989 (16:21 Md. R. 2263) Regulation .05B amended effective April 6, 1979 (6:7 Md. R. 579) Regulation .06 amended effective October 30, 1989 (16:21 Md. R. 2263) Regulation .06C amended effective April 6, 1979 (6:7 Md. R. 579) Regulation .07 amended effective April 6, 1979 (6:7 Md. R. 579); October 30, 1989 (16:21 Md. R. 2263) Regulation .07P adopted effective April 6, 1979 (6:7 Md. R. 579) Regulation .08 amended effective April 6, 1979 (6:7 Md. R. 579); October 30, 1989 (16:21 Md. R. 2263) Regulation .09 amended effective October 30, 1989 (16:21 Md. R. 2263) Regulation .09A amended effective September 14, 1981 (8:18 Md. R. 1480) Regulation .09B amended effective April 6, 1979 (6:7 Md. R. 579) Regulations .10 and .11 repealed and new Regulations .10--.14 adopted effective October 30, 1989 (16:21 Md. R. 2263) Regulation .10C amended effective April 6, 1979 (6:7 Md. R. 579) Regulation .11 adopted effective April 6, 1979 (6:7 Md. R. 579) Chapter revised effective August 30, 1993 (20:17 Md. R. 1348) Chapter revised effective October 19, 1998 (25:21 Md. R. 1575) Chapter revised effective April 7, 2008 (35:7 Md. R. 750) Chapter revised effective April 4, 2011 (38:7 Md. R. 433) These regulations were adopted to contribute to the implementation of nondiscriminatory policies in employment and public accommodations with respect to persons with disabilities as required by State Government Article, Title 20, Annotated Code of Maryland. In this chapter, the following terms have the meanings indicated. Terms Defined. “Commission” means the Maryland Commission on Human Relations. “Covered entity” means a person or entity subject to the jurisdiction of the Commission under State Government Article, §§20-301—20-305, 20-601, 20-606—20-607, 20-609, 20-801, 20-901—20-904, or 20-1017, Annotated Code of Maryland. “Facility” means all or a portion of a building, structure, site, complex, equipment, bus, heavy or light rail, or other conveyance, road, walkway, passageway, parking lot, or other real or personal property, including the real property where the building, property, structure, or equipment is located. “ADAAG” means the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities developed by the United States Architectural and Transportation Barriers Compliance Board, and adopted by the United States Department of Justice in Appendix A to 28 CFR Part 36. “Disabled individual” means an individual with a disability as defined in §B(6) of this regulation. “Disability” means, with respect to an individual: Epilepsy, infection with the human immunodeficiency virus, paralysis, amputation, lack of physical coordination, blindness or visual impairment, deafness or hearing impairment, muteness or speech impediment, physical reliance on a seeing eye dog, wheelchair, or other remedial appliance or device, or mental retardation or other mental impairment or deficiency which necessitates remedial or special education and related services; A physical or mental impairment, other than those enumerated in §B(6)(a) of this regulation, that is caused by bodily injury, birth defect, or illness, which substantially limits one or more of an individual's major life activities; A record of a physical or mental impairment as set forth in §B(6)(a) or (b) of this regulation, including having a history of, or being misclassified as having, such an impairment; Being regarded as having a physical or mental impairment as set forth in §B(6)(a) or (b) of this regulation, including one that: Does not substantially limit major life activities, if the individual is treated by a covered entity as having such a limitation; or Substantially limits major life activities as a result of the attitude of the covered entity or of others towards the impairment; or Being treated by a covered entity as having an impairment, even if there is no physical or mental impairment. “Major life activities” includes, but is not limited to, functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, driving a vehicle, socializing, and engaging in procreation and recreation. “Place of public accommodation” has the meaning stated in State Government Article, §20-301, Annotated Code of Maryland. “Physical or mental impairment” means: A physiological disorder or condition, cosmetic disfigurement, or anatomical loss, affecting one or more of the following bodily systems: Neurological; Musculoskeletal; Special sense organs; Respiratory, including speech organs; Cardiovascular; Reproductive; Digestive; Genitourinary; Hemic and lymphatic; or Skin and endocrine; or A mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. “Qualified individual with a disability” means an individual with a disability who: With or without reasonable accommodation can perform the essential functions of the job in question; or Is otherwise qualified for the benefit, term, condition, or privilege of employment at issue. “Qualified historic building or facility” means a building or facility that is: Listed in or eligible for listing in the National Register of Historic Places under the National Historic Preservation Act of 1966, 16 U.S.C. §470a(a); Listed in or eligible for listing in the Maryland Register of Historic Properties under State Finance and Procurement Article, §5A-323, Annotated Code of Maryland; or Designated as historic under a local law. “Remedial appliance or device” means wheelchairs, prosthetic limbs and devices, braces, crutches, hearing aids, corrective lenses, and such other appliances or devices, which ameliorate or compensate for the limitations imposed by a physical or mental impairment, and which are acquired by an individual for such purpose. “Service animal” means a guide dog, signal dog, or other animal, individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to: Guiding an individual with impaired vision; Alerting an individual with impaired hearing to intruders or sounds; Alerting an individual with seizures to the onset of a seizure; Providing minimal protection or rescue work; Pulling a wheelchair; or Retrieving items. “Structural changes” means any physical alterations or removal of barriers to a facility that would cause the facility to be accessible to an individual with a disability. “Teleworking” means an arrangement whereby an employee performs some or all of the employee's job duties at a work station located in the employee's residence, or at a designated location other than the employer's usual and customary worksite. The Commission may require the complainant to sign a waiver for the Commission to obtain verification of the existence, nature, and extent of the complainant's disability from a physician or other health care provider, based on medically accepted clinical or laboratory diagnostic techniques. The determination of whether an individual has a physical or mental impairment, or is substantially limited in a major life activity, or both, shall be made on a case-by-case basis and without regard to the mitigating effects of any remedial appliance or device. Unlawful Employment Practices Generally. It is an unlawful employment practice for a covered entity to discriminate on the basis of disability against a qualified individual with a disability with regard to: Recruitment, advertising, and job application procedures; Hiring, upgrading, promotion, tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring; Rate of pay, other form of compensation, and change in compensation; Job assignment, job referral, job classification, organizational structure, position description, line of progression, and seniority list; Leave of absence, sick leave, family leave, or other leave; Fringe benefits available by reason of employment, whether administered by the covered entity, except for underwriting or rate-setting practices of an insurer, as that term is defined in Insurance Article, §1-101(v), Annotated Code of Maryland; Union membership; Selection and financial support for training, including apprenticeship, professional meetings, conferences, and other related activities, and selection for leave of absence to pursue training; Employer-sponsored activities, including social or recreational programs; and Any other term, condition, or privilege of employment. Unlawful Employment Practices Specifically. A covered entity may not: Limit, segregate, or classify a job applicant or employee in a way that adversely affects the individual's employment opportunities or status, on the basis of disability prohibited by this chapter; Participate in a contractual or other arrangement or relationship that has the effect of subjecting an applicant or employee to the discrimination, on the basis of disability prohibited by this chapter; or Fail to make an individualized assessment of a qualified individual with a disability's ability to perform the essential functions of a job, unless the qualification standard, employment test, or other selection criteria under which the individual was disqualified meet the requirements of a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of the particular business or program. A covered entity: Shall make a reasonable accommodation to the known physical or mental limitations of a qualified individual with a disability; Is not required to provide an accommodation, if it demonstrates that the accommodation would impose undue hardship on the operation of its business or program; and May not deny an employment opportunity to a qualified individual with a disability, if the basis for the denial is the need to accommodate the individual's physical or mental limitations, and this accommodation, if attempted, would be reasonable. Examples of a reasonable accommodation include, but are not limited to: Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities; Providing or modifying equipment or devices; Job restructuring; Part-time or modified work schedules; Reassigning or transferring an employee to a vacant position, light duty job, different work location, or other alternative employment opportunity which is available under the employer's existing policies or practices; Teleworking; Permitting an employee to use paid or unpaid sick leave, disability leave, medical leave, or other leave which is available under the employer's existing policies or practices; Adjusting or modifying examinations, training materials, or policies; Waiving a no pet requirement to allow use of a service animal; Providing applicants or employees with a disability with an opportunity to demonstrate their pertinent knowledge, skills, and abilities by testing methods adapted to their special circumstances if employment tests are used; Making reasonable modifications in the covered entity's rules, policies, and practices if the modification may enable an applicant or employee with a disability to perform the essential functions of the job; and Reanalyzing, with full consideration to the needs of the applicant or employee with a disability, job specifications, qualifications, or criteria to determine if they may be waived or modified. The covered entity has the burden of proving an inability to accommodate a qualified individual with a disability. In determining whether an accommodation would impose an undue hardship on the covered entity's business or program, the following factors shall be considered: The nature and cost of the accommodation needed; The financial resources of the covered entity, and any parent corporation if applicable; The size of the business with respect to the number and type of facilities; The type of business or program, including the composition and structure of the work force; The ability of the covered entity to conduct business or operate programs with the accommodation; The effect of the accommodation on other employees' performance; and Legitimate safety concerns. Safety requirements shall be based on actual information or data, not speculation, conjecture, stereotypes, or generalizations about individuals with disabilities. Except as provided in §C of this regulation, a covered entity may not conduct a preemployment inquiry or medical examination to ascertain the existence of or the severity of a disability. A covered entity may make a preemployment inquiry into an applicant's ability to perform job-related functions. This section does not prohibit a covered entity from conditioning an offer of employment on the results of a medical examination conducted before the employee's entrance on duty, if: All entering employees in the same job category are subjected to the examination regardless of disability; and The results of the examination are used only in accordance with the requirements of §D of this regulation. Information obtained in accordance with this section as to the condition or history of the employee or applicant shall be collected and maintained on separate forms in separate files that are accorded confidentiality as medical records, except that: Supervisors and managers may be informed regarding restrictions on the work or duties of an employee with a disability, and necessary accommodations; First aid and safety personnel may be informed, when appropriate, if the condition may require emergency treatment; and The staff of the Commission investigating compliance with State Government Article, §20-606, Annotated Code of Maryland, shall be provided medical information upon request. Bona Fide Occupational Qualification. A covered entity may take discriminatory actions otherwise prohibited under this chapter if mental or physical ability is a bona fide occupational qualification (BFOQ), reasonably necessary to the normal operation of the business or program. A covered entity has the burden of establishing the existence of a BFOQ. In determining whether the BFOQ defense, narrowly construed, has been met, a covered entity shall show that the particular standard or regulation is reasonably necessary to the normal operation of that business, and that: All or substantially all individuals with the particular disability would be unable, even with reasonable accommodation, to perform the duties of the job in question; or It is impossible or highly impractical to determine, on an individual basis, whether an individual with the particular disability would be able to perform the duties of the job in question. Future Hazard. A covered entity may take discriminatory actions otherwise prohibited by this chapter, if the applicant's or employee's disability would create a future hazard to health or safety. To establish a future hazard defense, a covered entity shall show that: It conducted an individualized assessment of the individual's ability to perform the essential functions of the job in question; and To a reasonable probability, the individual's disability, even with reasonable accommodation, would render the individual unable to perform the duties of the position in question without endangering the health or safety of the individual with a disability or others. Unlawful Practices in Public Accommodations Generally. An owner, operator, manager, or lessor of a place of public accommodation may not discriminate on the basis of disability against an individual in the full and equal enjoyment of goods, services, facilities, privileges, advantages, or accommodations. Unlawful Practices in Public Accommodations Specifically. Unlawful Denial of Participation. An owner, operator, manager, or lessor of a place of public accommodation may not deny an individual with a disability, directly or indirectly, or through contractual, licensing, or other arrangements, the opportunity to participate in, or benefit from, a good, service, facility, privilege, advantage, or accommodation of a place of public accommodation. Unequal Participation. An owner, operator, manager, or lessor of a place of public accommodation may not deny an individual with a disability, directly or indirectly, or through contractual, licensing, or other arrangements, the opportunity to participate in, or benefit from, a good, service, facility, privilege, advantage, or accommodation of a place of public accommodation that is equal to that afforded to an individual without a disability. Separate Benefit. A public accommodation may provide separate benefits for individuals with disabilities only if requiring that individuals with disabilities be provided the same benefits as provided to individuals without disabilities would in effect create a barrier to full accessibility for the individual with a disability. Examples of when a public accommodation is permitted to provide a separate benefit include, but are not limited to: An athletic club which may provide a separate basketball league for wheelchair users, because integrating wheelchair users with nondisabled persons in the same game would create a barrier to full accessibility for the wheelchair users; and A museum which may provide a separate benefit to blind visitors through a separate tour in which they touch objects because the general rule that prohibits touching would create a barrier to full accessibility for blind visitors. The example in §B(4)(b) of this regulation may not be construed to deny blind visitors the right to go on the standard tour observing the general rules applicable to all visitors. Eligibility Criteria. An owner, operator, manager, or lessor of a place of public accommodation may not impose, or apply eligibility criteria, that screen out or tend to screen out an individual with a disability from fully and equally participating in a good, service, facility, privilege, advantage, or accommodation, unless this criteria can be shown to be necessary for the provision of the good, service, facility, privilege, advantage, or accommodation. Surcharge. An owner, operator, manager, or lessor of a place of public accommodation may not impose a surcharge on an individual with a disability to cover the costs of complying with State Government Article, §§20-301—20-305, Annotated Code of Maryland. An owner, operator, manager, or lessor of a place of public accommodation, shall make a reasonable accommodation for an individual with a disability. For the purposes of this section, reasonable accommodation means to make a building or facility suitable for access, use, and patronage by an individual with a disability without danger to the individual's health or safety, and without undue hardship or expense to the business, or other activity making such an accommodation. Examples of a reasonable accommodation include, but are not limited to: Providing at least one accessible route consisting of a continuous unobstructed path connecting all accessible elements and spaces of a building or facility which shall include compliance with: ADAAG §4.6, parking and passenger loading zones, or other reasonable number of accessible parking spaces and passenger loading zones for individuals with physical disabilities; ADAAG §4.7, curb ramps, or other curb ramps or sloped areas in sidewalks, paths, and entrances to buildings or facilities; ADAAG §4.14, entrances, and §4.3, accessible route, or other accessible primary public entrance on at least the ground floor of the building or facility which allows safe and unobstructed passage by an individual using a wheelchair, which may be a service entrance only if the service entrance is the sole entrance for everyone; ADAAG §4.13, doors, or other doorways at the entrance and leading to each accessible space of sufficient clear width, and maneuvering clearances to allow safe and unobstructed passage by an individual using a wheelchair; ADAAG §4.2, space allowance and reach ranges, §4.3, accessible route, §4.4, protruding objects, and §4.5, ground and floor surfaces, or other walks, halls, corridors, passageways, aisles, and other spaces of sufficient clear width and maneuvering clearances, level grading with firm, stable, slip-resistant surfaces, and sufficient head room, to allow safe and unobstructed passage by an individual using a wheelchair; Where necessary to provide safe access to floor spaces of higher or lower levels, ADAAG §4.8, ramps, or the installation of a ramp; Where necessary to provide access over changes in floor levels too great for a ramp, or to provide vertical access to upper or lower floors, ADAAG §4.10, elevators, §4.11, platform lifts, or both, or the installation of a wheelchair lift or elevator; ADAAG §4.3.10, egress, or §4.3.11, areas of rescue assistance, or other accessible means of egress for emergencies, with the doors of sufficient clear width and maneuvering clearances to allow safe and unobstructed passage by an individual using a wheelchair, or an accessible area of rescue assistance or approved alternative; If the building or facility has public toilet facilities, compliance with ADAAG §4.22, toilet rooms, §4.16, water closets, §4.17, toilet stalls, §4.18, urinals, and §4.19, lavatories, or otherwise providing a facility with at least one water closet, lavatory and toilet stall, with grab bars, on an accessible route, and with sufficient clear doorway and floor space to accommodate a person using a wheelchair; If the building or facility has a public bathroom, bathing facility, shower room, or any of these, compliance with ADAAG §4.23, bathrooms, bathing facilities, and shower rooms, or otherwise providing a facility with grab bars, on an accessible route, and with sufficient clear doorway and floor space to accommodate a person using a wheelchair; If the building or facility has a public drinking fountain or water cooler, compliance with ADAAG §4.15, drinking fountains and water coolers, or otherwise providing at least one on accessible route with sufficient clear knee, or floor space, or both, at a height which allows an individual in a wheelchair to approach and use the drinking fountain or water cooler; If the building or facility has fixed or built-in storage facilities such as cabinets, shelves, closets, or drawers in accessible spaces, compliance with ADAAG §4.25, storage, or providing at least one of each type on an accessible route with sufficient clear floor space, and at a height which allows an individual in a wheelchair to approach and use the storage facility; If the building or facility has fixed or built-in seating, tables or counters in accessible public or common use areas, compliance with ADAAG §4.32, fixed or built-in seating and tables, or otherwise providing a reasonable number of seats, tables or counters on an accessible route with sufficient clear floor space and knee clearances, and at a height which allows an individual in a wheelchair to approach and use them; If the building or facility is a place of assembly with fixed seating, compliance with ADAAG §4.33, assembly areas, or otherwise providing a reasonable number of wheelchair seating locations on an accessible route with sufficient clear floor space and level surface for an individual in a wheelchair to comfortably view the performing areas with lines of sight comparable to those for members of the general public; Compliance with ADAAG §4.27, controls and operating mechanisms, or otherwise providing controls and operating mechanisms such as light switches and dispenser controls on an accessible route with sufficient clear floor space, and at a height which allows an individual in a wheelchair to approach and use the control or mechanism with limited force from one hand; If the building or facility has an emergency warning system, compliance with ADAAG §4.28, alarms, or otherwise installing a system with both audible and visual alarms of sufficient intensity, and at locations from which they will be heard or seen by individuals with sensory impairments; Compliance with ADAAG §4.29, detectable warnings, or otherwise installing detectable warnings on pedestrian walking surfaces that cross or adjoin vehicular ways, which are not separated by curbs, railings, or other elements; and In addition to the above actions, taking other steps to remove architectural and communication barriers and to facilitate physical access to goods and services, including, but not limited to, the following: Repositioning shelves; Rearranging tables, chairs, vending machines, display racks, and other furniture; Repositioning telephones; Installing flashing alarm lights or visual alarms; Adding raised markings on elevator control buttons; Providing Brailled and raised character signage; Waiving a no-pet requirement to allow the use of a service animal; Maintaining in operable working condition those features of facilities and equipment that are required to be readily accessible to, and usable by an individual with a disability, except an owner, operator, manager, or lessor of a place of public accommodation may temporarily fail to have its facilities or equipment accessible due to short term maintenance or repair; Modifying policies, practices and procedures to afford goods, services, facilities, privileges, advantages, or accommodations to an individual with a disability; and Providing an individual with a disability integrated settings. An owner, operator, manager, or lessor of a place of public accommodation is not required to make a reasonable accommodation, if it is demonstrated that the accommodation would impose undue hardship or expense to the operation of the business or program. The owner, operator, manager, or lessor of a place of public accommodation has the burden of proving an inability to accommodate an individual with a disability because of undue hardship or expense. In determining if an accommodation would impose undue hardship or expense, the following factors shall be considered: The nature and cost of the accommodation needed; The financial resources of the individual or entity that owns, operates, manages, or leases the place of public accommodation, and a parent corporation, if applicable; The overall size of the place of public accommodation, and number and type of facilities; The type of business or program of the public accommodation; and Legitimate safety requirements that are necessary for safe operation. Safety requirements referred in §C(5) of this regulation shall be based on actual information or data, not speculation, conjecture, stereotypes, or generalizations about individuals with disabilities. An owner, operator, manager, or lessor of a qualified historic building or facility that is a place of public accommodation shall comply with the reasonable accommodation requirements of Regulation .10 of this chapter. In determining whether a particular accommodation is reasonable, in addition to the factors set forth in Regulation .11 of this chapter, the impact of the accommodation on the historical significance of a qualified historic building or facility shall be considered. A public accommodation is not required to take any action that would threaten, or destroy the historical significance of the building or facility. In making this determination, the Commission staff shall: Identify the historically significant features, finishes, materials, spaces, and spatial relationships that characterize the property, as well as the secondary features, finishes, materials, spaces, and spatial relationships, including previously altered areas and later additions, that may be less important to historic character; Consult with the appropriate federal, State, or local government officials or agencies with oversight responsibilities, or all of these officials, including but not limited to, the State Historic Preservation Officer, the Maryland Historical Trust, the Maryland Advisory Council on Historic Preservation, the National Advisory Council on Historical Preservation, or all of these. Other interested persons shall be invited to participate in the consultation process, including State or local accessibility officials, individuals with disabilities, and organizations representing individuals with disabilities; Seek accessibility solutions that: Do not cause damage to, permanently alter, or require the removal of, historically significant features, finishes, materials, spaces, or spatial relationships; Are in scale with the historic property; and Are visually compatible with the historic property. Examples of accessibility modifications to a qualified historic building or facility may include, but are not limited to: Regrading the entrance when the entrance steps and landscape are not highly significant; Incorporating an entrance ramp or interior ramps, carefully designed and appropriately located to minimize the loss of historical features and preserve the overall historic setting and character; Installing a vertical or inclined wheelchair lift or a portable wheelchair lift if appropriate to make an entrance accessible, or to overcome changes in elevation within the building or facility, preferably in unobtrusive locations; Retrofitting nonhistorically significant doors, adapting door hardware and altering door thresholds to increase the size of the door opening and upgrade door pressure; Upgrading historic elevators by modifying control panels and adjusting timing devices; Modifying interior stairs by adding hand railings and beveled or closed risers; and Constructing a new addition to the building or facility with an accessible entrance and access to public levels via a ramp, wheelchair lift or elevator, where such addition is carefully located and compatible with the size, scale, and proportions of the property's historic features and materials. If it is determined that modifications necessary to provide physical access to all public areas of a qualified historic building or facility would threaten or destroy the historic significance of the property, the extent of physical access to the property may be limited as follows: At least one accessible route from a site access point to an accessible entrance, which may be a ramp with a slope greater than that normally required if appropriate safety measures, such as handrails and nonskid surfaces, are used; At least one accessible entrance which is used by the public, or if not feasible: Access at any unlocked entrance not used by the general public with directional signage at the primary entrance and a notification system; or If security is a problem, remote monitoring may be used; If the building or facility has public toilets, at least one accessible toilet facility along an accessible route; and Accessible routes from the entrance to all publicly used spaces on at least the level of the accessible entrance, and if practical, to all levels of a building or facility. With respect to historically significant public areas or spaces, in which physical access cannot be provided without threatening or destroying the historical significance of the building or facility, alternative methods of programmatic access shall be provided, for example: Using audio-visual materials and devices, interpretive panels, tactile models, Brailled exhibits, and other media to depict those portions of an historic building or facility that cannot otherwise be made accessible; Assigning persons to guide individuals with disabilities into or through portions of historic buildings or facilities that cannot otherwise be made accessible; and Adopting other innovative measures. These regulations do not exempt compliance with State, federal or local laws requiring more stringent structural changes, modifications, or additions to buildings or vehicles. A person engaged in a business which falls within the areas covered by State Government Article, Title 20, Annotated Code of Maryland, shall take affirmative action to inform individuals with disabilities, as well as the public in general, of nondiscriminatory policies with respect to individuals with disabilities. State Government Article, §§10-111, 10-111.1(b), 10-205, 2-506, and 20-207, Annotated Code of Maryland;62 Opinions of the Attorney General 36 (1977) Effective date: July 27, 1979 (6:15 Md. R. 1285) Regulation .02 amended effective April 4, 1988 (15:7 Md. R. 852) Regulations .01—.08, Anti-Discrimination Relating to the Handicapped, repealed and new Regulations .01—14, Anti-Discrimination Relating to Persons with Disabilities, adopted effective December 24, 2001 (28:25 Md. R. 2192) Regulation .01 amended effective April 18, 2011 (38:8 Md. R. 507) Regulation .02B amended effective April 18, 2011 (38:8 Md. R. 507) Regulation .07D amended effective April 18, 2011 (38:8 Md. R. 507) Regulation .09B amended effective April 18, 2011 (38:8 Md. R. 507) Regulation .14 amended effective April 18, 2011 (38:8 Md. R. 507) These regulations apply whenever an administrative law judge intends to impose a financial penalty. In determining the amount of financial penalty to be imposed, an administrative law judge shall consider the following: The seriousness of the violation; The good faith of the violator; The harmful effect of the violation on the public or the harmful effect of the violator's actions on the investigatory process of the Commission on Human Relations; and The assets of the violator. State Government Article, §§10-204, 20-710(d), 20-1016, 20-1028, 20-1032, 20-1034, and 20-1036, Annotated Code of Maryland Effective date: Regulations .01 and .02 adopted as an emergency provision effective July 30, 1991 (18:17 Md. R. 1913); emergency status expired July 1, 1992 (Emergency provisions are temporary and not printed in COMAR) Regulations. 01 and .02 adopted effective August 30, 1993 (20:17 Md. R. 1350) It is the policy of the State to provide for fair housing throughout Maryland, to all its citizens, regardless of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation, and to that end to prohibit discriminatory practices with respect to residential housing by a person or group of persons, in order that the peace, health, safety, prosperity, and general welfare of all inhabitants of the State may be protected and insured. These regulations provide the Commission's interpretation of the coverage of the Maryland Fair Housing Law regarding discrimination related to the sale or rental of dwellings, the provision of services in connection with the sale or rental of dwellings, and the availability of residential real estate related transactions. Nothing in this regulation relieves persons participating in a federal or federally assisted or State or State-assisted program or activity from other requirements applicable to buildings and dwellings. These regulations do not: Prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society from limiting the sale, rental, or occupancy of dwellings that it owns or operates for other than a commercial purpose to individuals of the same religion, or from giving preference to these individuals, unless membership in the religion is restricted because of race, color, or national origin; Prohibit a private club, not in fact open to the public, which as an incident to the club's primary purposes provides lodgings that it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of the dwellings to its members or from giving preference to its members; Limit the applicability of any reasonable local, State, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling; Prohibit conduct against an individual because the individual has been convicted by a court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in 21 U.S.C. §802(c), or a controlled dangerous substance as defined in Criminal Law Article, §5-101(f), Annotated Code of Maryland. Nothing in these regulations regarding discrimination based on familial status applies to housing for older persons as defined in Regulation .03B of this chapter. Nothing in these regulations, other than the prohibitions against discriminatory advertising, applies to the sale or rental of a single family dwelling, if the dwelling is sold or rented without the use of the sales or rental facilities or services of any: Real estate broker, agent, or salesman; Agent of any real estate broker, agent, or salesman; Person in the business of selling or renting dwellings; or Agent of a person in the business of selling or renting dwellings. Nothing in these regulations with respect to discrimination on the basis of sex, marital status, or sexual orientation applies to the rental of: Rooms in any dwelling, if the owner maintains the dwelling as the owner's principal residence; or Any apartment in a dwelling that contains not more than 5 rental units, if the owner maintains the dwelling as the owner's principal residence. Threat to Health, Safety, or Property. Nothing in these regulations shall require that a dwelling be made available to an individual whose tenancy would: Constitute a direct threat to the health or safety of another individual; or Result in substantial physical damages to the property of others. The determination that an individual poses a threat to health, safety, or property shall be made on a case-by-case basis, and consist of an individualized assessment of: The nature, duration, and severity of the risks of injury or harm; The probability that injury or harm will actually occur; and Whether the threat can be eliminated through the provision of a reasonable accommodation. In this chapter, the following words have the meanings indicated. Terms Defined. “Accessible” means the public or common use areas of a building can be approached, entered, and used by individuals with physical disabilities and comply with the appropriate requirements of the American National Standard, “Specifications for Making Buildings and Facilities Accessible to and Usable by Physically Disabled People” (ANSI A117.1-1980), as incorporated by reference in COMAR 05.02.02.05B, or another standard that affords disabled persons access equivalent to or greater than that required by ANSI A117.1. “Accessible route” means a continuous unobstructed path connecting accessible elements and spaces in a building or within a site that can be negotiated by an individual with a disability using a wheelchair, in addition to being safe for and usable by people with other disabilities. “Agent” or “broker” means a person authorized to perform an action on behalf of another person or acting with apparent authority regarding any matter related to the sale or rental of dwellings. “Aggrieved person” has the meaning stated in State Government Article, §20-1020(b), Annotated Code of Maryland. “ANSI A117.1-1980” means the American National Standard, “Specifications for Making Buildings and Facilities Accessible to and Usable by Physically Handicapped People”, as incorporated by reference in COMAR 05.02.02.05B. “Commission” means the Maryland Commission on Human Relations. “Complaint” has the meaning stated in COMAR 14.03.01.02A. “Complainant” has the meaning stated in State Government Article, §20-101(c), Annotated Code of Maryland. “Conciliation” has the meaning stated in State Government Article, §20-1020(c), Annotated Code of Maryland. “Conciliation agreement” has the meaning stated in State Government Article, §20-1020(d), Annotated Code of Maryland. “Charge” means a written statement prepared by the Commission's general counsel and issued under State Government Article, §20-1025(b)(2), Annotated Code of Maryland, which contains a factual allegation or allegations of an unlawful discriminatory housing practice or practices. “Covered multifamily dwelling” has the meaning stated in State Government Article, §20-706(a), Annotated Code of Maryland. Disability. “Disability” has the meaning stated in State Government Article, §20-701(b), Annotated Code of Maryland. “Disability” does not include current illegal use of, or addiction to, a controlled dangerous substance defined under Criminal Law Article, §5-101, Annotated Code of Maryland. “Discriminatory housing practice” has the meaning stated in State Government Article, §20-701(c), Annotated Code of Maryland. “Dwelling” has the meaning stated in State Government Article, §20-701(d), Annotated Code of Maryland. Dwelling Unit. “Dwelling unit” means a single unit of residence for one or more individuals. “Dwelling unit” includes: A single family home; An apartment unit within an apartment building; and Other types of dwellings in which sleeping accommodations are provided but toileting or cooking facilities are shared by occupants of more than one room, portion of the dwelling, or rooms within which people sleep, for example, dormitory rooms, sleeping accommodations in shelters intended for occupancy, and a residence for homeless persons. “Executive Director” has the meaning stated in COMAR 14.03.01.02B. “Familial status” has the meaning stated in State Government Article, §20-701(e), Annotated Code of Maryland. “Family” has the meaning stated in State Government Article, §20-701(f), Annotated Code of Maryland. “Housing for older persons” has the meaning stated in State Government Article, §20-704(c)(1), Annotated Code of Maryland. “Human Relations Commission” has the meaning stated in COMAR 14.03.01.02C. “In the business of selling or renting a dwelling” has the meaning stated in State Government Article, §20-701(g), Annotated Code of Maryland. “Investigator” has the meaning stated in COMAR 14.03.01.02D. Landlord. “Landlord” means anyone other than the occupant of real property, who attempts to control or controls the use of the property under claim or right arising out of an ownership interest in the real property by that person or another person for whom that person acts. “Landlord” includes owners of rental property, trustees, receivers, persons controlling the common areas used in connection with condominiums, homeowners associations, and agents or others acting in the interest of any of these persons. “Marital status” has the meaning stated in State Government Article, §20-701(h), Annotated Code of Maryland. “Notice” has the meaning stated in COMAR 14.03.01.02E. “Offices of the Commission” has the meaning stated in COMAR 14.03.01.02F. “Party” has the meaning stated in COMAR 14.03.01.02G. “Person” has the meaning stated in State Government Article, §1-101, Annotated Code of Maryland. “Prevailing party” has the meaning stated in State Government Article, §20-1020(f), Annotated Code of Maryland. “Proceeding” means a conference, meeting, hearing, investigation, inquiry, or other fact-finding or decision-making procedure, including the dismissal of a complaint. “Real property” includes dwellings, parking lots, interests in real estate corporeal or incorporeal, tenements, leaseholds, cooperatives, condominiums, and hereditaments. “Residential real estate related transaction” has the meaning stated in State Government Article, §20-707(a), Annotated Code of Maryland. “Respondent” has the meaning stated in State Government Article, §20-101(e), Annotated Code of Maryland. “Sexual orientation” means the identification of an individual as to male or female homosexuality, heterosexuality, or bisexuality. “Time” has the meaning stated in COMAR 14.03.01.02I. “To rent” has the meaning stated in State Government Article, §20-701(i), Annotated Code of Maryland. Real Estate Practices Prohibited. In accordance with the Commission's interpretation of discriminatory housing practices, under State Government Article, §§20-705 and 20-707—20-708, Annotated Code of Maryland, it shall be unlawful for a person to: Refuse to sell or rent a dwelling after the making of a bona fide offer, refuse to negotiate for the sale or rental of a dwelling or otherwise make unavailable or deny a dwelling to a person because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; Make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates a preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; Represent to a person because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation that a dwelling is not available for sale or rental when the dwelling is in fact available; Induce or attempt to induce for a profit a person to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of a person of a particular race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; Discriminate against a person in making a real estate related transaction available or in the terms or conditions of a real estate related transaction because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; Deny a person access to, or membership or participation in, a multi-listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting dwellings, or discriminate against a person in the terms or conditions of access, membership, participation in such an organization or service, or facility because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; or Intimidate or interfere with or attempt to intimidate or interfere with a person intentionally because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation whether acting under color of law, by force or threat of force: Because the person is or has been selling, purchasing, renting, financing, or occupying, contracting or negotiating for the sale, purchase, rental, financing, or occupation of a dwelling or for applying for or participating in a service, organization, or facility relating to the business of selling or renting dwellings, or Because a person has made a complaint, testified, assisted, or participated in any manner in a proceeding under State Government Article, Title 20, Annotated Code of Maryland. Unlawful Refusal to Sell or Rent or to Negotiate. It shall be unlawful for a person to refuse: To sell or rent a dwelling to a person who has made a bona fide offer because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; or To negotiate with a person for the sale or rental of a dwelling because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation. Prohibited actions under this section include, but are not limited to: Imposing different sales prices or rental charges for the sale or rental of a dwelling upon a person because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; Using different qualification criteria, applications, sale or rental standards or procedures such as income standards, application requirements, application fees, credit analysis, approval procedures, or other requirements, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; or Evicting tenants because of their race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation. Discrimination in Terms, Conditions, and Privileges and in Services and Facilities. It shall be unlawful, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation to: Impose different terms, conditions, or privileges relating to the sale or rental of a dwelling; or Deny or limit services or facilities in connection with the sale or rental of a dwelling. Prohibited actions under this section include, but are not limited to: Using different provisions in leases or contracts of sale, such as those relating to rental charges, security deposits, and the terms of a lease, and those relating to down payment and closing requirements, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; Failing or delaying maintenance or repairs of sale or rental dwellings because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; Failing to process an offer for the sale or rental of a dwelling or to communicate an offer accurately because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; Limiting the use of privileges, services, or facilities associated with a dwelling because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation of an owner or tenant; or Denying or limiting services or facilities in connection with the sale or rental of a dwelling because an individual failed or refused to provide sexual favors. Other Prohibited Sale and Rental Conduct. It shall be unlawful, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation to restrict or attempt to restrict the choice of a person by word or conduct in connection with seeking, negotiating for, buying, or renting a dwelling so as to: Perpetuate, or tend to perpetuate, segregated housing patterns; or Discourage or obstruct choices in a community, neighborhood, or development. Prohibited Practices Under §D of This Regulation. Section D of this regulation generally refers to unlawful steering practices that include, but are not limited to: Discouraging a person from inspecting, purchasing, or renting a dwelling because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; Discouraging a person because of the race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation of individuals in a community, neighborhood, or development; Discouraging the purchase or rental of a dwelling because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation by exaggerating drawbacks or failing to inform a person of desirable features of a dwelling, community, neighborhood, or development; Communicating to a prospective purchaser that the person would not be comfortable or compatible with existing residents of a community, neighborhood, or development because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; or Assigning a person to a particular section of a community, neighborhood, or development or to a particular floor of a building because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation. Unlawful Conduct Related to Provision of Housing, Services, or Facilities. Prohibited sales and rental practices under this section of the regulation include, but are not limited to: Discharging or taking other adverse action against an employee, broker, or agent because the individual refused to participate in a discriminatory housing practice; Employing codes or other devices to segregate or reject applicants, purchasers, or renters because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; Refusing to take or to show listings of dwellings in certain areas because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; Refusing to deal with certain brokers or agents because the brokers or agents or one or more of their clients are of a particular race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; Denying or delaying the processing of an application made by a purchaser or renter or refusing to approve an individual for occupancy in a cooperative or condominium dwelling because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; or Refusing to provide municipal service, or property or hazard insurance for a dwelling, or providing it differently because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation. Discriminatory Advertisements, Statements, and Notices. The prohibitions in this section shall apply to all written or oral notices or statements by a person engaged in the sale or rental of a dwelling. Written notices and statements include any applications, flyers, brochures, deeds, signs, banners, posters, billboards, or any other documents used with respect to the sale or rental of a dwelling. Discriminatory notices, statements, and advertisements include, but are not limited to: Using words, phrases, photographs, illustrations, symbols, or forms which convey that dwellings are available or not available to a particular group of individuals because of race, color, religion, sex, disability, familial status, marital status, national origin, and sexual orientation; Expressing to agents, brokers, employees, prospective sellers or renters, or other persons a preference for or limitation on any purchaser or renter because of race, color, religion, sex, disability, familial status, marital status, national origin, and sexual orientation; Selecting, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation, media or locations for advertising the sale or rental of dwellings which deny particular segments of the housing market information about housing opportunities; or Refusing to publish advertising for the sale or rental of dwellings or requiring different charges or terms for advertising because of race, color, religion, sex, disability, familial status, marital status, national origin, and sexual orientation. Discriminatory Representations on the Availability of Dwellings. Prohibited actions under this section of this regulation include, but are not limited to: Indicating through words or conduct that a dwelling which is available for inspection, sale, or rental has been sold or rented, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; Representing that covenants or other deed, trust, or lease provisions which purport to restrict the sale or rental of dwellings because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation preclude the sale or rental of a dwelling to a person; Enforcing covenants or other deed, trust, or lease provisions which preclude the sale or rental to a person because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; Limiting information, by word or conduct, regarding suitably priced dwellings available for inspection, sale, or rental because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; or Providing false or inaccurate information regarding the availability of a dwelling for sale or rental to an individual, including testers, regardless of whether the individual is actually seeking housing, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation. Blockbusting. In establishing a discriminatory housing practice under this section, it is not necessary that there was in fact profit as long as profit was a factor for engaging in the blockbusting activity. Prohibited actions under this section include, but are not limited to: Engaging, for profit, in conduct (including uninvited solicitations for listings) which conveys to a person that a neighborhood is undergoing or is about to undergo change in the race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation of persons residing in it, in order to encourage the person to offer a dwelling for sale or rental; or Encouraging, for profit, a person to sell or rent a dwelling through assertions that the entry or prospective entry of individuals of a particular race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation, can or will result in undesirable consequences for the project, neighborhood, or community, such as lowering of property values, an increase in criminal or antisocial behavior, or decline in the quality of schools or other services or facilities. Discrimination in the Provision of Brokerage Services. Prohibited actions under this section include, but are not limited to: Setting different fees for access to or membership in a multiple listing service because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; Denying or limiting benefits accruing to members in a real estate broker's organization because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; Imposing different standards or criteria for membership in a real estate sales or rental organization because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; or Establishing geographic boundaries, office locations, or residence requirements for access to membership or participation in a multiple listing service, real estate broker's organization or other service, organization or facility relating to the business of selling or renting dwellings, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation. Discriminatory Practices in Residential Real Estate Related Transactions. This regulation provides the Commission's interpretation of the conduct that is unlawful housing discrimination under State Government Article, §20-707, Annotated Code of Maryland. It shall be unlawful for a person whose business includes engaging in residential real estate related transactions to discriminate against a person in making available a transaction, or terms or conditions of such a transaction, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation. Discrimination in the Making of Loan and Other Financial Assistance. It shall be unlawful for a person whose business includes engaging in the making of residential real estate related transactions, loans, or other financial assistance to discriminate against a person in making available loans or other financial assistance for a dwelling, or which is or is to be secured by a dwelling, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation. Prohibited practices under this section include, but are not limited to: Failing or refusing to provide to a person, in connection with a residential real estate related transaction, information regarding the availability of loans or other financial assistance, application requirements, or procedures or standards for the review and approval of loans or financial assistance because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; or Providing information which is inaccurate or different from that provided others, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation. Discrimination in the Purchasing of Loans. It shall be unlawful for a person engaged in the purchasing of loans, debts, or security which support the purchase, construction, improvement, repair, or maintenance of a dwelling, or which are secured by residential real estate to: Refuse to purchase a loan, debt, or security; or Impose different terms or condition for the purchase, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation. Unlawful conduct under this section includes, but is not limited to: Purchasing loans, other debts, or securities which relate to, or are secured by dwellings in certain communities or neighborhoods but not in others, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation of individuals in the neighborhoods or communities; Pooling or packaging loans, other debts, or securities which relate to, or which are secured by dwellings differently, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; or Imposing or using different terms or conditions on the marketing or sale of securities issued on the basis of loans or other debts, or securities which relate to or which are secured by dwellings, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation. Exclusions. This section does not prevent consideration, in the purchasing of loans, of factors justified by business necessity, including requirements of law, relating to a transaction's financial security, protection against default, or reduction in value of the security. This regulation does not preclude considerations employed in normal and prudent transactions, provided that factors do not in any way relate to race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation. Discrimination in the Terms and Conditions for Making Available Loans or Other Financial Assistance. It shall be unlawful for a person engaged in the making of loans or in the provision of other financial assistance relating to the purchase, construction, improvement, repair, or maintenance of dwellings or which are secured by residential real estate to impose different terms or conditions for the availability of loans or other financial assistance because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation. Unlawful conduct under this section includes, but is not limited to: Using different policies, practices, or procedures in evaluating or in determining creditworthiness of a person in connection with the provision of a loan or other financial assistance which is secured by residential real estate because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; or Determining the type of loan or other financial assistance to be provided with respect to a dwelling, fixing the amount, interest rate, duration, other terms for a loan or other financial assistance for a dwelling, or which is secured by residential real estate, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation. Unlawful Practices—Selling, Brokering, or Appraising of Residential Real Property. It shall be unlawful for a person whose business includes engaging in the selling, brokering, or appraising of residential real property to discriminate against a person in making available the services, or in the performance of the services, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation. Appraisal. For the purpose of this section, the term “appraisal” means an estimate or opinion of the value of a specified residential real property made in a business context in connection with the sale, rental, financing, or refinancing of a dwelling or in connection with any activity that otherwise affects the availability of a residential real estate related transaction, whether the appraisal is oral or written, or transmitted formally or informally. The appraisal includes all written comments and other documents submitted as support for the estimate or opinion of value. Nothing in this section prohibits a person engaged in the business of making or furnishing appraisals of residential real property from taking into consideration factors other than race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation. Practices which are unlawful in this section include, but are not limited to, using an appraisal of residential real property in connection with the sale, rental, or financing of any dwelling when the person knows or reasonably should know that the appraisal improperly takes into consideration race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation. This regulation provides the Commission's interpretation of the conduct that is unlawful housing discrimination against an individual who has a disability under State Government Article, §20-706, Annotated Code of Maryland. General Prohibitions Against Discrimination Because of Disability. It shall be unlawful to discriminate in the sale or rental, or to otherwise make unavailable or deny a dwelling to a buyer or renter, because of a disability of: The buyer or renter; or An individual residing in or intending to reside in that dwelling after it is sold, rented, or made available. It shall be unlawful to discriminate against an individual in the terms, conditions, or privileges of the sale or rental of a dwelling, or in the provision of services or facilities in connection with the dwelling, because of a disability of: The buyer or renter; or An individual residing in or intending to reside in that dwelling after it is sold, rented, or made available. It shall be unlawful to make an inquiry to determine whether an applicant for a dwelling or an individual intending to reside in that dwelling after it is sold, rented, or made available has a disability or to make inquiry as to the nature or severity of a disability of that individual. This subsection does not prohibit the following inquiries, provided these inquiries are made of all applicants, with or without disabilities: Inquiry into an applicant's ability to meet the requirements of ownership or tenancy; Inquiry to determine whether an applicant is qualified for a dwelling available to individuals with disabilities or to an individual with a particular type of disability; Inquiry to determine whether an applicant for a dwelling is qualified for a priority available to individuals with disabilities or to individuals with a particular type of disability; Inquiring whether an applicant for a dwelling is a current illegal abuser or addict of a controlled dangerous substance; or Inquiring whether an applicant has been convicted of the illegal manufacture or distribution of a controlled dangerous substance. Reasonable Accommodations. It shall be unlawful for a person to refuse to make a reasonable accommodation in rules, policies, practices, or services when the accommodation may be necessary to afford a disabled individual an equal opportunity to use and enjoy a dwelling, including public and common use areas. A person is not required to provide a reasonable accommodation if providing the accommodation would impose an undue hardship. A person may not refuse to sell or rent a dwelling or otherwise make unavailable or deny a dwelling to an individual based upon the individual's need for a reasonable accommodation. Reasonable Modifications. It shall be unlawful for a person to refuse to permit, at the expense of a disabled individual, reasonable modifications of existing premises, occupied or to be occupied by a disabled individual, if the proposed modifications may be necessary to afford the disabled individual full enjoyment of the premises of a dwelling. In the case of a rental, the landlord may, when it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear expected. The landlord may reserve the right to approve the design, quality, and construction of the alterations or additions in order to minimize the damage to the building and enforce standards of quality and architectural responsibility. The landlord may not increase for disabled individuals any customarily required security deposit. Notwithstanding §D(4) of this regulation, when it is necessary in order to ensure with reasonable certainty that funds will be available to pay for restorations at the end of the tenancy, the landlord may: Negotiate as part of a restoration agreement, a provision requiring that the tenant pay into an interest-bearing escrow account, over a reasonable period, a reasonable amount of money not to exceed the cost of restorations; or Negotiate for the establishment of an escrow account, but the interest in the account shall accrue to the benefit of the tenant. Examples of Appropriate Modifications. The following are examples of modifications used to make real property accessible by individuals with disabilities: Ramps for wheelchairs or walkers; Lights to indicate to a deaf person that the doorbell or telephone is ringing; Grab bars in bathrooms; Roll-out shelves in kitchens; Height-sensitive electrical outlets and switches; and Simplified locking systems for use by mentally disabled individuals. Design and Construction Requirements. Covered multifamily dwellings for first occupancy after July 1, 1991, shall be designed and shall be constructed to have at least one building entrance on an accessible route unless it is impractical to do so because of terrain or unusual characteristics of the site. For purposes of this section, a covered multifamily dwelling shall be considered to be designed and to be constructed for first occupancy on or before July 1, 1991, or if they are occupied by that date. The burden of establishing impracticality because of terrain or unusual site characteristics is on the person or persons who designed and constructed the housing facility. All covered units of multifamily dwellings shall comply with the appropriate requirements of the American National Standard of Buildings and Facilities Providing Accessibility and Usability for Physically Handicapped People (commonly cited as ANSI A117.1) or the federal law, regulations, and guidelines on disabled accessibility adopted under the Fair Housing Act Amendments of 1988 and incorporated by reference in COMAR 05.02.02. This section does not invalidate or limit any law of a state or political subdivision of a state that requires dwellings to be designed and constructed in a manner that affords disabled individuals greater access than is required by this section. Purpose. The purpose of this regulation is to effectuate the exemption in State Government Article, §20-704(c), Annotated Code of Maryland, that relates to housing for older persons. Exemption. The provisions regarding familial status in these regulations do not apply to housing which satisfies the requirements of §§C—E of this regulation. Nothing in this regulation limits the applicability of any reasonable local, State, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. State and Federal Elderly Housing Programs. The provisions regarding familial status in these regulations do not apply to housing provided under any federal or State program that the Commission determines is specifically designed and operated to assist elderly individuals, as defined in the State and federal program. 62 or Over Housing. The provisions regarding familial status in these regulations do not apply to housing intended for, and solely occupied by, an individual 62 years old or older. This housing satisfies the requirements of this regulation even though there are: Individuals residing in the housing on September 13, 1988, who are under 62 years old, provided that all new occupants are individuals 62 years old or older; Unoccupied units, provided that the units are reserved for occupancy by individuals 62 years old or older; or Units occupied by employees of the housing (and family members residing in the same unit) who are under 62 years old provided they perform substantial duties directly related to the management or maintenance of the housing. 55 or Over Housing. The provisions regarding familial status do not apply to housing intended and operated for occupancy by at least one individual 55 years old or older per unit, if the housing satisfies the following requirements: At least 80 percent of the units in the housing facility are occupied by at least one individual 55 years old or older per unit, except a newly constructed housing facility for first occupancy after July 1, 1991, need not comply with this subsection until 25 percent of the units in the facility are occupied; and The owner or manager of a housing facility publishes and adheres to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years old or older. The following factors, among others, are relevant in determining whether the owner or manager of a housing facility has complied with the requirements of §E(2) of this regulation: The manner in which the housing facility is described to prospective residents; The nature of any advertising designed to attract prospective residents; Age verification procedures; Lease provisions; Written rules and regulations; Actual practices of the owner or manager in enforcing relevant lease provisions and relevant rules and regulations; and Whether the housing satisfies the requirements of the following: At least 80 percent of the units are occupied by at least one individual 55 years old or older, There are unoccupied units, provided that at least 80 percent of these units are reserved for occupancy by at least one individual 55 years old or older, or There are units occupied by employees of the housing (and family members residing in the same unit) who are under 55 years old provided they perform substantial duties directly related to the management or maintenance of the housing. It shall be unlawful housing discrimination to coerce, intimidate, threaten, or interfere with a person in the exercise or enjoyment of, or on account of that person having exercised or enjoyed, or on account of that person having aided or encouraged another person in the exercise or enjoyment of, a right granted or protected by State Government Article, Title 20, Annotated Code of Maryland. Unlawful conduct under this regulation includes, but is not limited to: Coercing a person, either orally, in writing, or by other means, to deny or limit the benefits provided that person in connection with the sale or rental of a dwelling because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; Threatening, intimidating, or interfering with persons in their enjoyment of a dwelling because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation of these persons, or of visitors or associates of these persons; Threatening an employee or agent with dismissal or an adverse employment action, or taking an adverse employment action, for any effort to assist a person seeking access to the sale or rental of a dwelling or seeking access to any residential real estate related transaction, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; Intimidating or threatening a person because that person is engaging in activities designed to make other persons aware of, or encouraging the other persons to exercise, rights granted or protected in these regulations; or Retaliating against a person because that person has made a complaint, testified, assisted, or participated in any manner in a proceeding under State Government Article, Title 20, Annotated Code of Maryland. Who May File. Any person who claims to have been aggrieved by an act or acts of unlawful housing discrimination prohibited by State Government Article, Title 20, Annotated Code of Maryland, may file a complaint with the Commission. The complaint may be filed with the assistance of an authorized representative of an aggrieved person, including any organization acting on behalf of an aggrieved person. Commission-Initiated Complaints. In accordance with Article State Government Article, §20-1004(d), Annotated Code of Maryland, the Commission may initiate a complaint in its own name if the Commission: Receives reliable information from an individual that a person has been engaged or is engaged in a discriminatory housing practice; Authorizes a preliminary investigation; and By action of not less than three Commissioners, determines that the information gathered during the preliminary investigation warrants the filing of a complaint. Persons Against Whom Complaints May Be Filed. A complaint may be filed against: A person alleged to be engaged or to have engaged in a discriminatory housing practice; or A person who directs or controls, or has the right to direct or control, the conduct of another person with respect to any aspect of the sale, rental, advertising, financing of dwellings, or the provisions of brokerage services relating to the sale or rental of dwellings if that other person, if acting within the scope of their authority as an employee or agent of the directing or controlling person, is engaged or has engaged in a discriminatory housing practice. Manner of Filing. Complaints shall be filed at the offices of the Commission in person, by registered, certified, or regular mail, facsimile or other electronic media, or by delivery to any duly appointed representative of the Commission. Complaints Initiated by Telephone. Complaints may be initiated by telephone to the Commission. If a complaint is initiated by telephone, the Commission shall: Reduce information provided by telephone to writing on the prescribed complaint form; and Send the complaint form to the aggrieved person to be signed and affirmed as provided in §E of this regulation. A telephone-initiated complaint is considered filed only upon receipt of the form or a signed writing. When Filed. Individual complaints shall be filed not later than 1 year after an alleged discriminatory housing practice has occurred or terminated, whichever is later. Discriminatory Housing Practices of a Continuing Nature. If the alleged discriminatory housing practice is of a continuing nature, the date of the occurrence of this discriminatory practice shall be considered to be the date up to and including that date on which the unlawful practice shall have ceased. The complaint will be timely if filed within 1 year of the last alleged occurrence of that practice. An individual complaint filed with a federal or local human relations commission not later than the 1-year period required in this regulation shall be considered as being a timely filing in compliance with that requirement. Form and Content of Complaint. Each complaint shall be in writing and shall be signed and affirmed by the aggrieved person filing the complaint. The affirmation shall state “I declare under the penalty of perjury that the foregoing is true and correct”. A complaint filed by the Commission shall be filed in accordance with COMAR 14.03.01.03. An individual complaint may be filed on a form provided by the Commission. Complaint forms will be made available to all persons at the office of the Commission in Baltimore, Maryland, or other offices within the State which may be established. Appropriate assistance in filling out forms will be rendered to complainants or to individuals filing on behalf of a complainant, by the personnel of the Commission. Complaints filed on forms provided by other local commissions, including federal civil rights agencies, shall be considered complaints filed with the Commission. Notwithstanding the requirement for using a prescribed form, the Commission may accept a written statement which substantially sets forth the allegations of a discriminatory housing practice under State Government Article, Title 20, Annotated Code of Maryland. Each complaint shall contain substantially the following information: The name and address of the aggrieved person; The name and address of the respondent; A description and the address of the dwelling which is involved, if appropriate; and A concise statement of facts including pertinent dates, constituting the alleged discriminatory housing practice. Amendment of Complaint. A complaint may be reasonably and fairly amended at any time. The amendments may include but are not limited to: Amendments to cure technical defects or omissions, including failure to sign or affirm the complaint; Amendments to clarify and amplify any allegation made in the complaint; Amendments to join additional or substitute respondents; or Amendments to allege additional acts which constitute discriminatory housing practices under State Government Article, Title 20, Annotated Code of Maryland, which relate back to or grow out of the subject matter of the original complaint. All amendments will relate back to the original filing date. Review, Authorization, and Expedition. After the filing of a housing complaint, the Executive Director or designee shall: Review the complaint to determine whether it should issue for reasons of standing of the parties, timeliness of the filing, or other matters upon which its issuance may depend; If the complaint is rejected and not susceptible to amendment, serve notice on the complainant stating the reasons for rejection; and If the complaint is considered acceptable: Authorize an investigation by dating and signing the complaint; and If the Executive Director or designee determines and states in writing that the complaint should be expedited based on a showing of good cause or because justice requires, expedite the complaint. If a complaint is expedited under §A(1)(c)(ii) of this regulation, the Executive Director or designee may shorten time frames set forth in Regulation .12 of this chapter. Notification of Aggrieved Person. Upon the filing of a complaint, the Commission shall give notice to each aggrieved person on whose behalf the complaint was filed. The notice shall: Acknowledge the filing of the complaint and state the date that the complaint was accepted for filing; Include a copy of the complaint; Advise the aggrieved person of the time limits applicable to complaint processing and of the procedural rights and obligations of the aggrieved person under these regulations; Advise the aggrieved person of the right to commence a civil action under State Government Article, §20-1035, Annotated Code of Maryland, in an appropriate State court, not later than 2 years after the occurrence or termination of the alleged discriminatory housing practice, noting that: The computation of this 2-year period excludes any time during which an administrative proceeding is pending with respect to a complaint or charge based on the alleged discriminatory housing practice; and The time period includes the time during which an action arising from a breach of conciliation agreement under Regulation .13 of this chapter, and State Government Article, §20-1024, Annotated Code of Maryland, is pending; and Advise the aggrieved person that retaliation against a person because the person made a complaint, testified, assisted, or participated in an investigation or conciliation under these regulations is a discriminatory housing practice that is prohibited by State Government Article, Title 20, Annotated Code of Maryland. Notification of Respondent; Joinder of Additional or Substitute Respondents. Within 10 days of the filing of a complaint or the filing of an amended complaint, including authorization, the Commission will serve a notice on each respondent by certified mail or personal service. A person who is not named as a respondent in the complaint, but who is identified in the course of the investigation as a person who is alleged to be engaged or to have engaged in the discriminatory housing practice upon which the complaint is based, may be joined as an additional or substitute respondent by service of a notice on the person under this regulation within 10 days of the identification. At a minimum, the notice shall: Identify the alleged discriminatory housing practice upon which the complaint is based, and include a copy of the complaint; State the date that the complaint was accepted for filing; Advise the respondent of the time limits applicable to complaint processing under this chapter and of the procedural rights and obligations of the respondent under State Government Article, §§20-701—20-710 and 20-1020—20-1037, Annotated Code of Maryland, including the opportunity to submit an answer to the complaint within 10 days of the receipt of the notice; Advise the respondent of the aggrieved person's right to commence a civil action in an appropriate State court, not later than 2 years after the occurrence or termination of the alleged discriminatory housing practice and state: The computation of this 2-year period excludes any time during which an administrative proceeding is pending with respect to a complaint or charge based on the alleged discriminatory housing practice; and The time period includes the time during which an action arising from a breach of a conciliation agreement under State Government Article, §20-1024, Annotated Code of Maryland, is pending; If the person is not named in the complaint, but is being joined as an additional or substitute respondent, explain the basis for the Commission's belief that the joined person is properly joined as a respondent; Advise the respondent that retaliation against a person because the person made a complaint, testified, assisted, or participated in an investigation or conciliation is a discriminatory housing practice that is prohibited under State Government Article, Title 20, Annotated Code of Maryland, and these regulations; and Invite the respondent to enter into a conciliation agreement for the purpose of resolving the complaint. Answer to Complaint. The respondent may file an answer not later than 10 days after receipt of the notice described in §C of this regulation. The respondent may assert any defense that might be available to a defendant in a court of law. The answer shall be signed and affirmed by the respondent. The affirmation shall state: “I declare under the penalty of perjury that the foregoing is true and correct”. An answer may be reasonably and fairly amended at any time with the consent of the Executive Director or designee. Withdrawal. A complaint filed by or on behalf of an aggrieved person may be withdrawn in writing at any time by the aggrieved person who filed the complaint. Administrative Closure — Notice and Reopening. The Executive Director or designee may administratively close a complaint under those circumstances which, by way of example but not limitation, may include absence of information which establishes the whereabouts of the complainant, or the determination that statutory requisites have not been met. Written notice of the administrative closure shall be provided to the complainant at the last known address informing the complainant of the right to object to this closure within 15 days of the date on which the notice was mailed. If the complainant files a timely objection, the Executive Director or designee shall consider the closure in light of the reasons stated by the complainant and make a determination. In the absence of a timely objection, the Executive Director or designee shall close the complaint and so mark the subject case file. Written notice of the closure shall be sent to the respondent upon whom the complaint was served. In those cases when a complaint has been withdrawn by a complainant, the 15-day notice provision to the complainant is not required. A request to reopen a case administratively closed for lack of information establishing the whereabouts of the complainant that is received beyond the time for objecting specified in §F(2) of this regulation shall be considered only upon a showing of good cause made by the complainant. Investigations. The Executive Director or designee shall authorize a complaint within 30 days after the filing of the complaint, or the notification or referral of a complaint, from the United States Department of Housing and Urban Development. Upon the authorization of a complaint, the Executive Director or designee shall assign, or cause to be assigned, the investigation of the complaint to a staff investigator. The investigative process involves: Promptly gathering information necessary and relevant to make a fair determination on the events or transactions that relate to the alleged discriminatory housing practice identified in the complaint; Documenting policies or practices of the respondent involved in the alleged discriminatory housing practice raised in the complaint; Developing factual data necessary for a determination whether probable cause exists to believe that a discriminatory housing practice has occurred or is about to occur and to take other actions provided under this chapter and State Government Article, Title 20, Annotated Code of Maryland; and Concluding the investigation, in accordance with this regulation, with the issuance of written findings of probable cause or no probable cause. Systemic Processing. The Executive Director or designee may identify the complaint for systemic processing when the Executive Director or designee determines: That the alleged discriminatory practices contained in a complaint are pervasive or institutional in nature; That the processing of the complaint will involve complex issues, or novel questions of law or fact; or That a large number of individuals will be affected. The determination in §B(1) of this regulation may be based on the face of the complaint or on information gathered in connection with an investigation. Systemic investigations may focus not only on documenting facts involved in the alleged discriminatory housing practice that is the subject of the complaint, but also on review of other policies and procedures related to matters under investigation, to make sure they also comply with the nondiscrimination requirements of State Government Article, Title 20, Annotated Code of Maryland. Conduct of Investigation. Fact-Finding Conference. A conference may be convened for the purpose of defining the issues contained in the complaint in accordance with COMAR 14.03.01.05C(1). Request for Information. The Executive Director or designee shall require the respondent to promptly provide answers to requests for information, which will be used to assist in determining the merits of the allegations contained in the complaint. The request for information shall be accompanied by the following: A copy of the charge; and The date on which the response shall be submitted. Additional requests for information may be made to further the investigation. Interrogatories—Content and Response. An investigator may serve interrogatories on a respondent, upon authorization by the Executive Director or designee in accordance with COMAR 14.03.01.05C(3). Interrogatories—Default Procedure. Failure of the respondent to either answer the interrogatories or to file a motion to strike or exceptions within the time specified will activate the default proceedings in accordance with COMAR 14.03.01.06. Investigatory Subpoena. In accordance with COMAR 14.03.01.05C(4), the Commission may, upon written authorization of the Executive Director or designee, issue a subpoena to compel the attendance and testimony of witnesses or to compel the production of books, papers, and documents relevant or necessary to an investigation or hearing. The Commission may bring an action to enforce the subpoena in the circuit court for the county in which the person to whom the subpoena is addressed resides, was served, or transacts business. Cooperation of Federal, State, or Local Agencies. The Commission, in processing fair housing complaints, may seek the cooperation and utilize the services of federal, State, or local agencies, including any agency having regulatory or supervisory authority over financial institutions. Completion of Investigation. The investigation shall remain open until: A written finding of probable cause or no probable cause is made, in accordance with COMAR 14.03.01.08A; A conciliation agreement is executed and approved; or A withdrawal or an administrative closure is made in accordance with Regulation .11E and F of this chapter. Probable Cause. The Commission shall determine whether, based on the totality of the factual circumstances known at the time of the decision, probable cause exists to believe that a discriminatory housing practice has occurred. The probable cause determination shall be based solely on the facts concerning the alleged discriminatory housing practice, provided by complainant and respondent, and otherwise disclosed during the investigation. If the Commission determines that probable cause exists, the Commission shall immediately give notice to the complainant, the aggrieved person, and the respondent of this determination. If the Commission determines that no probable cause exists, the Commission shall immediately give notice to the complainant, the aggrieved person, and the respondent of this determination. A final written finding may be amended at any time, if additional information is discovered. Unless it is impracticable to do so, the Commission shall complete the investigation of the alleged discriminatory housing practice within 100 days of the filing of the complaint. If the Commission is unable to complete the investigation within the 100-day period, the Commission shall give notice to the aggrieved person and the respondent of the reasons for the delay. Reconsideration. If the findings conclude that there is no probable cause to believe that a discriminatory act has been or is being committed, the complainant shall be given the opportunity to apply to the Commission's Executive Director or designee for reconsideration of the Commission's written findings and recommendations. Reconsideration Process. The application and authority shall be in writing and shall state specifically the grounds upon which it is based. The application and authority shall be filed with the Executive Director or designee within 15 days from the date on which the findings were mailed to the complainant. Written notice that the complainant has requested reconsideration shall be given promptly to the respondent. Not later than 30 days after receipt of an application, the Executive Director or designee shall review the entire file, including the request for reconsideration, and may: Grant or deny the application for reconsideration; and Issue an order the Executive Director or designee considers appropriate. Not later than 30 days after making a determination, the Executive Director or designee shall notify the complainant and respondent in writing of the determination, and do one of the following: If the application for reconsideration is granted, remand the case to the investigative staff for the appropriate action; or If the application for reconsideration is not granted, administratively close the case. The times set forth in §F of this regulation may be extended by the Executive Director or deputy director for good cause. Dismissal of Proceedings. The Executive Director or designee may dismiss cases which have not been certified for public hearing, at any stage of the proceedings in accordance with COMAR 14.03.01.04F. Conciliation. During the period beginning with the initial filing of a complaint and ending with the certification of the file for processing for hearing or dismissal of the complaint, the Commission shall, to the extent feasible, attempt to conciliate the complaint. Written notice of the opportunity to conciliate shall be provided to the parties. In conciliating a complaint, the Commission shall attempt to achieve a just resolution of the complaint and to obtain assurances that the respondent will satisfactorily remedy any violations of the rights of the aggrieved person, and take such action as well as assure the elimination of discriminatory housing practices, or the prevention of their occurrence in the future. Conciliation Agreement. The terms of a settlement of a complaint will be reduced to a written conciliation agreement. The conciliation agreement shall seek to protect the interests of the aggrieved person, other persons similarly situated, and the public interest. The types of relief that may be sought for the aggrieved person are described in §C of this regulation. The provisions that may be sought for the vindication of the public interest are described in Regulation .17B(3) of this chapter. The agreement shall be executed by the respondent and the complainant. The agreement is subject to the approval of the Executive Director or designee who shall indicate approval by signing the agreement. The Executive Director or designee shall approve an agreement and shall execute the agreement only if: The complainant and the respondent agree to the relief accorded the aggrieved person; and The provisions of the agreement will adequately vindicate the public interest. Relief Sought for Aggrieved Persons. Administrative Relief. In conciliation, the Commission may seek any relief in accordance with Regulation .17B of this chapter. Arbitration. The conciliation agreement may provide for binding arbitration of the dispute arising from the complaint. Arbitration may award appropriate relief as described in §C(1) of this regulation. The aggrieved person and the respondent may, in the conciliation agreement, limit the types of relief that may be awarded under binding arbitration. Termination of Conciliation Efforts—Respondent's Actions. The Commission may terminate its efforts to conciliate if a respondent fails or refuses to confer with the Commission's staff, or fails or refuses to negotiate in good faith to resolve the dispute. If a written finding of probable cause has been issued, the Executive Director or designee may terminate the efforts to conciliate, notify the parties that conciliation has failed, and certify the case for public hearing as set forth in Regulation .14 of this chapter. Termination of Conciliation Efforts—Complainant's Actions. The Executive Director or designee may administratively close a case if the complainant: Fails to negotiate in good faith; or Rejects an offer of settlement or compromise made by the respondent, in a formal offer of settlements, which provides the complainant with the full relief which is available under the laws enforced by the Commission. Before administratively closing the case, the Executive Director or designee shall: Provide written notice to the complainant; Give the complainant 15 days after the mailing of the notice to object in writing and give reasons why the case should not be administratively closed; Consider the objections filed by the complainant; Administratively close the case if no objections are filed; and Promptly notify both the complainant and respondent of the determination. When the aggrieved person has commenced a civil action under federal law or State law seeking relief with respect to the alleged discriminatory housing practice, and the trial in the action has commenced, the Commission will terminate conciliation unless the court specifically requests assistance from the Commission. Prohibitions and Requirements—Disclosure of Information Obtained During Conciliation. Except as provided in §G(2) of this regulation, nothing that is said or done in the course of conciliation under this regulation may be made public or used as evidence in a subsequent administrative hearing or civil action under State Government Article, Title 20, Annotated Code of Maryland, without the written consent of the persons concerned. Conciliation agreements shall be made public, unless the aggrieved person and respondent request nondisclosure and the Commission determines that disclosure is not required to further the purposes of the Fair Housing Law. Notwithstanding a determination that disclosure of a conciliation agreement is not required, the Commission may publish tabulated descriptions of the results of all conciliation efforts. Review of Compliance with Conciliation Agreements. The Commission may, from time to time, review compliance with the terms of any conciliation agreements. Whenever the Commission has reasonable cause to believe that a respondent has breached a conciliation agreement, the Commission through its general counsel may file a civil action for the enforcement of the terms of the conciliation agreement. Order of the Commission. An agreement resulting from conciliation shall be executed on behalf of the Commission by the Executive Director or designee and shall constitute an order of the Commission as provided by law. Upon failure of conciliation, the Executive Director or designee shall certify the case for hearing processing. An entry identifying this case shall be logged in the Commission's official docket book, which shall be maintained by the Executive Director for cases pending hearing. The Executive Director or designee shall forward the certified case file to the Commission's general counsel for further processing. The General Counsel, on review of a certified file, may remand the case to the Executive Director or designee for: Further investigation and, in this case, shall state clearly the issues requiring further investigative proceedings; or Review of the findings and, in this case, shall state clearly the reason or reasons for the review. The General Counsel, on review of a certified file, shall determine whether the matter involves the legality of local zoning or land use laws or ordinances and shall do the following: Immediately refer the investigative materials to the Attorney General for appropriate action in accordance with State Government Article, §20-1025(c)(1), Annotated Code of Maryland; and Notify the complainant, the aggrieved person, and the respondent of this action by certified mail or personal service. Not less than 60 days after the General Counsel refers the matter to the Attorney General under §E of this regulation, the Commission may issue a charge or take other appropriate action in the matter. If a federal or State civil action is commenced prior to the filing of the statement of charges alleging unlawful housing discrimination under the same facts, the Commission shall dismiss the case prior to the filing of the statement of charges pursuant to COMAR 14.03.01.04F. Election Process. When a complaint is certified for further processing pursuant to State Government Article, §20-1025(a), Annotated Code of Maryland, a complainant, respondent, or aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in the complaint decided in a civil action under State Government Article, §20-1032, Annotated Code of Maryland, instead of by an administrative hearing under State Government Article, §20-1027, Annotated Code of Maryland. The election authorized under State Government Article, §20-1026, Annotated Code of Maryland, shall be made not later than: 20 days after the complainant, respondent, or aggrieved person on whose behalf the complaint was filed receives service under State Government Article, §20-1025(e), Annotated Code of Maryland; or In the case of the Commission, 20 days after service is made to all other parties under State Government Article, §20-1025(e), Annotated Code of Maryland. A person who makes an election under State Government Article, §20-1026, Annotated Code of Maryland, shall give notice of the election to the Commission and to all other complainants, respondents, and aggrieved persons on whose behalf the complaint was filed or to whom the complaint relates. Civil Action by the Commission. Action Brought on Behalf of Aggrieved Person. Commencement. In accordance with State Government Article, §20-1032, Annotated Code of Maryland, if an election is made to pursue judicial action under State Government Article, §20-1026, Annotated Code of Maryland, the Commission's General Counsel shall commence and maintain, not later than 60 days after the election is made, a civil action seeking relief under State Government Article, §20-1026, Annotated Code of Maryland, on behalf of the aggrieved person in the circuit court for the county where the dwelling that is the subject of the alleged discrimination is located. A hearing under Regulation .16 of this chapter and State Government Article, §20-1027, Annotated Code of Maryland, may not continue regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved person under federal law or State law seeking relief with respect to that discriminatory housing practice. Relief. Relief and civil penalties shall be awarded in accordance with State Government Article, §20-1032(b), Annotated Code of Maryland. Intervention. Any aggrieved person with respect to the issues to be determined in a civil action under State Government Article, §20-1032 may intervene as of right. Commission-Initiated Civil Action. Commencement. Pursuant to State Government Article, §20-1036(a), Annotated Code of Maryland, the Commission may commence a civil action in the appropriate circuit court if the Commission has probable cause to believe that: A person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by State Government Article, Title 20, Subtitle 7 and Subtitle 10, Part II, Annotated Code of Maryland, or any group of persons has been denied any of the rights granted by State Government Article, Title 20, Subtitles 7 and Subtitle 10, Part II, Annotated Code of Maryland; and The resistance and denial raises an issue of general public importance. A hearing under Regulation .16 of this chapter and State Government Article, §20-1027, Annotated Code of Maryland, may not continue regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the Commission under federal law or State law seeking relief with respect to that discriminatory housing practice. Relief and attorney’s fees shall be awarded in accordance with State Government Article, §20-1036(c), Annotated Code of Maryland. Intervention. On timely application, a person may intervene in a civil action commenced by the Commission under §B(2)(a)—(b) of this regulation if the action involves an alleged discriminatory housing practice to which the person is an aggrieved person or a conciliation agreement to which the person is a party. A court may grant relief to an intervening party in accordance with State Government Article, §20-1036(d)(2), Annotated Code of Maryland. Civil Action by Aggrieved Person; Private Right of Action. Pursuant to State Government Article, §20-1035, Annotated Code of Maryland, an aggrieved person may file a civil action against the respondent in the appropriate State court to obtain relief for an alleged discriminatory housing practice, or the breach of a conciliation agreement entered into under State Government Article, Title 20, Subtitle 7, Annotated Code of Maryland. Filing Period. The action shall be filed within 2 years after the occurrence or termination of the alleged discriminatory housing practice, or the breach of a conciliation agreement, whichever is later. The 2-year period does not include any time during which an administrative proceeding was pending for a complaint based on the alleged discriminatory housing practice under State Government Article, Title 20, Subtitle 7, Annotated Code of Maryland. Exceptions. Except for the purposes of enforcing a conciliation agreement, an aggrieved person may not commence a civil action for the alleged discriminatory housing practice that forms the basis of the complaint if the Commission or a State or local unit has obtained a conciliation agreement with the consent of the aggrieved person. If an administrative law judge has commenced a hearing on the record under Regulation .16 of this chapter with respect to the charge, an aggrieved person may not commence a civil action for the alleged discriminatory housing practice that forms the basis of the charge issued by the Commission. A hearing under Regulation .16 of this chapter and State Government Article, §20-1027, Annotated Code of Maryland, may not continue regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by an aggrieved person under federal or State law seeking relief with respect to that discriminatory housing practice. Relief. Relief shall be awarded in accordance with State Government Article, §20-1035(e), Annotated Code of Maryland. Relief granted under State Government Article, §20-1035, Annotated Code of Maryland, may not affect any contract, sale, encumbrance, or lease consummated before the granting of relief and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the filing of a complaint with the Commission or civil action under State Government Article, §20-1035, Annotated Code of Maryland. Intervention by the Commission. If the Commission certifies that the case is of general public importance and upon timely application, the Commission may intervene in a civil action brought under State Government Article, §20-1035, Annotated Code of Maryland, and obtain any relief available under State Government Article, §20-1036(c), Annotated Code of Maryland. Provision of Administrative Proceeding. Issuance of Statement of Charges. When a party does not elect a civil action, the Commission's General Counsel shall serve a copy of the statement of charges to each respondent and each aggrieved person on whose behalf the complaint was filed by certified mail or personal service. The Commission’s General Counsel shall file the statement of charges not later than 30 days after the case is certified for public hearing and service is made to all parties under State Government Article, §20-1025(e), Annotated Code of Maryland. The statement of charges shall contain: An allegation that the person on whose behalf the complaint is filed is a proper complainant within the meaning of State Government Article, Title 20, Annotated Code of Maryland; An allegation that the respondent is a proper respondent within the meaning of, and subject to, provisions of State Government Article, Title 20, Annotated Code of Maryland; A factual allegation or allegations of an unlawful discriminatory housing practice or practices; and A prayer for relief sought. The Commission's General Counsel may not issue a charge under this regulation after the beginning of the trial of a civil action that is commenced by an aggrieved party under federal law or State law and that seeks relief for the same discriminatory housing practice alleged in that aggrieved party's complaint. Answer. Any answer made to the statement of charges shall be filed within 15 days after the notice provided in accordance with §B(3) of this regulation. Upon application in writing to an administrative law judge, and before the end of the 15 days, an administrative law judge may, for good cause shown, extend the time within which an answer may be filed. The answer shall be filed with the Office of Administrative Hearings and the original of the answer shall be signed under oath or affirmation of the respondent and shall contain: The name, address, and email address of the respondent; The name, address, telephone number, and email address of the respondent's attorney, if any; A specific admission or denial or assertion that the respondent is without sufficient knowledge or information to form a belief with respect to each and every allegation of the complaint; A statement of any matter constituting a defense to any allegations in the statement of charges; and A certification that service of this answer has been made upon all other parties. Any allegation in the statement of charges which is not denied or admitted in the answer shall be considered admitted, unless the respondent states in the answer that it is without sufficient knowledge or information to form a belief with respect to this allegation. Any allegation of new matter contained in the answer shall be deemed denied without the necessity of a reply being filed, unless a reply is ordered by the administrative law judge conducting the hearing. General Information. Scope. This regulation contains the rules of practice and procedure established by the Maryland Commission on Human Relations and the Office of Administrative Hearings, under COMAR 28.02.01 in accordance with State Government Article, §20-1034, Annotated Code of Maryland, for administrative proceedings before an administrative law judge. This regulation applies only to an administrative law judge adjudication of a complaint asserted in a charge issued under State Government Article, §20-1027, Annotated Code of Maryland, when: An election to civil court has not been filed in accordance with Regulation .15 of this chapter; or The Commission determines that the action is warranted. Location of Hearing. An administrative law judge shall conduct the hearing at a place in Baltimore City or the county in which the discriminatory housing practice is alleged to have occurred and in accordance with COMAR 28.02.01.07. Time Computation. Time computations under this regulation shall be in accordance with Article 1, §36, Annotated Code of Maryland. In computing any time period involved, the date of the issuance of an order or decision by an administrative law judge is the date the order or decision is served by the Office of Administrative Hearings. Documents are not filed until received by the Office of Administrative Hearings. Service and Filing. Service of documents under this regulation shall be in accordance with COMAR 28.02.01.24. Copies of all filed documents shall be served on all parties of record. All filed documents shall clearly designate the docket number, if any, title of the proceeding, and certificate of service. Parties shall file all documents with the Office of Administrative Hearings. Administrative Law Judge. Authority. The powers and duties of an administrative law judge shall be in accordance with COMAR 28.02.01.08A and B. Disqualification. Any disqualification of an administrative law judge shall be in accordance with COMAR 28.02.01.08C. Ex Parte Communications. An ex parte communication shall be defined and prohibited in accordance with State Government Article, §10-219, Annotated Code of Maryland. Parties; Intervention. Parties to the proceedings include: The Commission, which files the charge under Regulation .15 of this chapter seeking appropriate relief for an aggrieved party and the public interest; A complainant, who is the person who files a complaint of discrimination issued under Regulation .10 of this chapter; A respondent, who is a person named in the complaint issued under Regulation .10B of this chapter against whom relief is sought; An intervenor, who is an aggrieved person that filed a request for intervention under COMAR 28.02.01.12; and Representation of the parties, which shall be in accordance with COMAR 28.02.01.09. Intervention. A request for intervention shall be made by motion in accordance with §D(2) of this regulation. Intervention shall be permitted if the request is timely and: The intervenor is the aggrieved person on whose behalf the complaint is issued; or The intervenor is an aggrieved person who claims an interest in the property or transaction that is the subject of the complaint, and the disposition of the complaint may as a practical matter impair or impede the aggrieved person's ability to protect that interest, unless the aggrieved person is adequately represented by the existing parties. Pleadings and Motions. Pleadings. Form. Every pleading, motion, brief, or other document shall contain a caption setting forth the title of the proceeding, the case number assigned by the Commission, and the designation of the type of document (for example, charge, answer, or motion to dismiss). Signature. Every pleading, motion, brief, or other document filed by a party shall be signed by the party, the party's representative, or the attorney representing the party, and shall include the signer's address and telephone number. The signature constitutes a certification that the signer has read the document, that to the best of the signer's knowledge, information, and belief there is good ground to support the document, and that it is not interposed for delay. Motions. All motions to an administrative law judge shall be in accordance with COMAR 28.02.01.16 except if otherwise provided in §G(4) of this regulation. Motions for intervention shall be in accordance with COMAR 28.02.01.12 except if otherwise provided in §G(4) of this regulation. Discovery. Discovery shall be conducted in accordance with COMAR 28.02.01.10. Subpoenas. Subpoenas shall be issued in accordance with State Government Article, §20-1023, Annotated Code of Maryland, and COMAR 28.02.01.11. Prehearing Procedures. Prehearing Conference. A prehearing conference shall be conducted in accordance with COMAR 28.02.01.13. Notice of Prehearing Conferences and Hearings. The administrative law judge shall set the matter in for a prehearing conference, hearing, or both, on the earliest date practicable. The administrative law judge shall, by registered or certified mail, forward to the complainant and to the respondent a statement of charges and a notice of prehearing conference or hearing, which shall include the following: The place, date, and hour of the prehearing conference, public hearing, or both; A statement advising both the complainant and respondent of their respective rights to appear and be represented in this hearing in person, by their attorneys, or both, and that the case in support of the complaint shall be presented by the Commission's General Counsel; A statement advising the respondent of the right to file an answer to the statement of charges; and The name of the administrative law judge who conducts the prehearing conference or hearing or a statement that an administrative law judge will be subsequently designated. The administrative law judge shall forward a copy of the notice of prehearing conference, public hearing, or both, to the General Counsel of the Commission. The prehearing conference, public hearing, or both, may not occur less than 20 or more than 60 days after the issuance and service of the statement of charges and notice of prehearing conference, public hearing, or both. Prehearing Memorandum. Before the commencement of a prehearing conference, the administrative law judge may direct parties to file a prehearing memorandum. Contents of Memorandum. The memorandum shall state the name of the party or parties presenting the statement and, unless otherwise directed by the administrative law judge, briefly set forth the following: Issues involved in the proceeding; Facts stipulated by the parties and a statement that the parties have made a good faith effort to stipulate to the greatest extent possible; Facts in dispute; Witnesses and exhibits to be presented at the hearing; A brief statement of applicable law; Conclusions to be drawn; Estimated time required for presentation of the party's case; and Such other information as may assist in the disposition of the proceeding. Preliminary Matters — Motions. All preliminary matters shall be raised by motion filed at either the prehearing conference or not later than 45 days before the public hearing. The motion shall be in writing, stating briefly the relief applied for, with a memorandum stating the reasons and any law that may be in support of the motion. The motion and two copies together with a certificate of mailing to all parties shall be filed with the administrative law judge. An answer to a preliminary motion shall be in writing and shall include: A memorandum stating the reasons and any law that may be in support of the answer; and Certification that a copy has been mailed to all parties. The original and two copies of the answer shall be filed with the administrative law judge within 15 days of receipt of the original motion unless otherwise directed by the administrative law judge. All motions shall be decided by the administrative law judge without oral argument on the motions, unless the administrative law judge desires oral argument or testimony. If the administrative law judge desires oral arguments, the administrative law judge shall set the date, place, and time, and notify all parties. Settlement Conference. If required, a settlement conference shall be conducted in accordance with COMAR 28.02.01.14. Hearing Procedures. Date. In accordance with State Government Article, §20-1027(b), Annotated Code of Maryland, the hearing shall commence not later than 120 days following the filing of the charge under Regulation .15 of this chapter, unless it is impracticable to do so. If the hearing cannot be commenced within this time period, the administrative law judge shall notify in writing all parties, the aggrieved persons on whose behalf the charge was filed, the respondent, and the Commission, of the reasons for the delay. Place. The hearing shall be conducted in Baltimore City or the county where the discriminatory housing practice is alleged to have occurred. Notice of Hearing. The parties shall be notified of the hearing in accordance with §G(2) of this regulation. Effect of a Civil Action on Administrative Proceeding. An administrative law judge may not continue an administrative proceeding under this regulation regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved person or the Commission under an act of Congress or State law seeking relief with respect to that discriminatory housing practice. If such a trial is commenced, the administrative law judge shall dismiss the administrative proceeding. The commencement and maintenance of a civil action for appropriate temporary or preliminary relief under State Government Article, §20-1037, Annotated Code of Maryland, does not affect administrative proceedings under this regulation. Conduct of Hearing. The hearing shall be conducted in accordance with COMAR 28.02.01.17. Evidence. Evidence shall be admitted in accordance with State Government Article, §10-213, Annotated Code of Maryland, and COMAR 28.02.01.18. Stipulations. The administrative law judge may accept stipulations in accordance with COMAR 28.02.01.15 upon the showing of mutual consent of the parties. Affidavits. The administrative law judge may accept affidavits in accordance with COMAR 28.02.01.15 upon showing: Mutual consent of the parties; The affiant is unavailable to testify; and The party seeking to introduce the affidavit has exercised reasonable diligence to locate the affiant. Failure to Attend Hearing and Default. A party's failure to attend a hearing and the subsequent default process shall be in accordance with COMAR 28.02.01.20. Appointment of Interpreter. In situations when an interpreter is required, appointment shall be made in accordance with COMAR 28.02.01.19. Public Hearings. Proceedings under this regulation shall be open to the public in accordance with COMAR 28.02.01.21. Transcript of Hearing Record. The administrative law judge shall cause the testimony taken at the hearing to be transcribed. This transcript, together with all pleadings, exhibits, and other materials introduced into evidence shall constitute the record of the case as defined by State Government Article, §10-210, Annotated Code of Maryland. Dismissals. If the trial of a civil action that is commenced by an aggrieved party under an act of Congress or a State law and seeks relief for an alleged discriminatory housing practice has begun, an administrative law judge shall dismiss the administrative proceeding. Decision of Administrative Law Judge. In General. Within the time period set forth in §B(6) of this regulation and State Government Article, §20-1028(a), Annotated Code of Maryland, the administrative law judge shall issue a decision and provisional order including findings of fact and conclusions of law upon each material issue of fact and law presented on the record. Decisions and provisional orders by the administrative law judge shall be in accordance with COMAR 28.02.01.22. Finding Against Respondent. If the administrative law judge finds that a respondent has engaged in a discriminatory housing practice, the administrative law judge shall issue a decision against the respondent and order such relief as may be appropriate. The relief may include, but is not limited to, the following: Actual damages suffered by the complainant or the aggrieved person including damages caused by humiliation or embarrassment; Injunctive relief or such other equitable relief including, but not limited to, access to the dwelling at issue, or to a comparable dwelling, the provision of services or facilities in connection with a dwelling, or other specific relief; Civil penalty against the respondent in accordance with State Government Article, §20-1028(b)(2), Annotated Code of Maryland; and In a proceeding involving two or more respondents, a civil penalty as provided under §B(2)(b)(iii) of this regulation assessed against each respondent found to be engaged in a discriminatory housing practice. Relief vindicating the public interest includes: Civil penalties; Remedial affirmative activities to overcome discriminatory housing practices; Reporting requirements; or Monitoring and enforcement activities. The administrative law judge may assess a civil penalty against the respondent in an amount that does not exceed: $10,000, if the respondent has not been adjudged by order of the administrative law judge or a court to have committed a prior discriminatory housing practice; Except as provided in §B(5) of this regulation, $25,000 if the respondent has been adjudged by order of the administrative law judge or a court to have committed one other discriminatory housing practice during the 5-year period ending on the date of the filing of the charge; or Except as provided in §B(5) of this regulation, $50,000 if the respondent has been adjudged by order of the administrative law judge or a court to have committed two or more discriminatory housing practices during the 7-year period ending on the date of the filing of the charge. If the acts constituting the discriminatory housing practice that is the object of the charge are committed by the same individual who has been previously adjudged to have committed acts constituting a discriminatory housing practice, the civil penalties in §§B(4)(b)—(c) of this regulation may be imposed without regard to the period of time within which any other discriminatory housing practice occurred. All civil penalties shall be awarded in accordance with COMAR 14.03.03.02. At the request of the Commission, the Commission's General Counsel shall sue to recover a civil penalty due under this section. Restrictions on Relief. In accordance with State Government Article, §20-1028(c), Annotated Code of Maryland, an order issued by the administrative law judge may not affect any contract, sale, encumbrance, or lease consummated before the issuance of the decision and provisional order that involved a bona fide purchaser, encumbrancer, or tenant without actual knowledge of the charges filed under Regulation .15 of this chapter. Finding in Favor of Respondent. If the administrative law judge finds that a respondent has not engaged in a discriminatory housing practice, the administrative law judge shall make a decision and provisional order dismissing the charge. The Commission shall make public disclosure of each dismissal. Date of Issuance. In accordance with State Government Article, §20-1028(a), Annotated Code of Maryland, the administrative law judge shall issue a decision and provisional order within 60 days after the end of the hearing, unless it is impracticable to do so. If the administrative law judge is unable to issue the decision and provisional order within the time period (or within any succeeding 60-day period), the administrative law judge shall notify in writing all parties, the aggrieved person on whose behalf the charge was filed, and the Commission of the reasons for the delay. Service of Decision and Provisional Order. In accordance with State Government Article, §20-1029(b), Annotated Code of Maryland, the decision and provisional order of an administrative law judge shall be delivered to all parties, the aggrieved person on whose behalf the charge was filed, the respondent and the Commission with a notice indicating the right of the Commission, the aggrieved person, or the respondent to enter an appeal of this decision and provisional order to an appeal board of the Commission within 30 days. Review by the Appeal Board. An appeal to an appeal board of the Commission shall be in accordance with COMAR 14.03.01.12. Final Decision and Order. In the absence of a timely appeal, the decision and provisional order of the administrative law judge shall become the final decision and order of the Commission signed by the chairman and from which no further administrative appeal may be taken. Appeal Noted. If an appeal is noted, the appeal board of the Commission in accordance with COMAR 14.03.01.12F may review any finding of fact, conclusions of law, or order contained in the decision and provisional order of the administrative law judge and issue a final decision in the proceedings. The appeal board may affirm, reverse, or modify, in whole or in part, the decision and provisional order or remand the decision and provisional order for further proceedings. In making its determination, the appeal board shall consider the entire record, including the decision of the administrative law judge. The final decision and order shall be served on all parties, the aggrieved person on whose behalf the charge was filed, and the Commission's staff. Action Upon Issuance of a Final Decision and Order — Licensed or Regulated Businesses. If a final decision and order includes a finding that a respondent has engaged, or is about to engage, in a discriminatory housing practice in the course of a business that is subject to licensing or regulation by a federal, State, or local governmental agency, the Commission shall: Notify the governmental agency of the decision by sending copies of the findings of fact and conclusions of law and the final decision to the governmental agency by certified mail; Recommend appropriate disciplinary action to the governmental agency, including, when appropriate, the suspension or revocation of the license of the respondent; or Recommend the suspension or disbarment of the respondent from participation in State and local loan, grant, or other regulated programs. Petition for Judicial Review. The Commission shall give notice of the appropriate disciplinary action to the governmental agencies within 30 days after the issuance of the final decision, unless a petition for judicial review of the final decision and order as described in Regulation .18 of this chapter has been filed before the issuance of the notification of the agency. If a petition for judicial review has been filed, the Commission shall provide the notification to the governmental agency within 30 days of the date that the final decision and order is affirmed on review. If a petition for judicial review is timely filed following the notification of the governmental agency, the Commission shall promptly notify the governmental agency of the petition and withdraw the recommendation. Attorney's Fees and Costs. Following the issuance of the final decision and order under §E of this regulation, any prevailing party, including the Commission, may apply for attorney's fees and costs. The administrative law judge shall issue a decision and provisional order awarding or denying these fees and costs. Final Administrative Disposition. The final disposition of a complaint by the administrative process shall be within 1 year of receipt of the complaint unless it is impracticable to do so. If the administrative disposition of the complaint does not occur within 1 year, the Commission shall notify in writing all parties, including the aggrieved person on whose behalf the charge was filed, of the reason for the delay. Effect of Commission Order. A Commission order under State Government Article, §§20-1026—20-1034, Annotated Code of Maryland, and these regulations does not affect a contract, sale, encumbrance, or lease that was consummated before the Commission issued the order, and involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the charge filed under State Government Article, Title 20, Annotated Code of Maryland, or these regulations. Judicial Review of Final Decision and Order. Petition for Review. Any party adversely affected by a final decision and order under Regulation .17E of this chapter may file a petition in the circuit court of the judicial circuit in which the discriminatory housing practice is alleged to have occurred under State Government Article, §20-1030(a), Annotated Code of Maryland. The petition shall be filed within 30 days of the date of issuance of the final decision. No Petition for Review. If no petition for review is filed under §A(1) of this regulation within 30 days after the final decision and order is entered, the findings of facts and final decision and order shall be conclusive in connection with any petition for enforcement described under this section filed by the General Counsel, and in connection with any petition for enforcement described under §B of this regulation after the end of the 45th day after the final decision and order is entered. Enforcement of Final Decision. Enforcement by the Commission. Following the issuance of a final decision and order under Regulation .17E of this chapter, the General Counsel may petition the appropriate circuit court for the enforcement of the final decision and order and for appropriate temporary relief or restraining order in accordance with State Government Article, §20-1031(a), Annotated Code of Maryland. Enforcement by Others. If before the expiration of 60 days from the date of issuance of the final decision and order under Regulation .17E of this chapter, no petition for review of the final decision and order described under this regulation has been filed, and the General Counsel has not sought enforcement of the final decision and order as described under §B(1) of this regulation, a person entitled to relief under the final decision and order may petition the appropriate circuit court for enforcement of the final decision in accordance with State Government Article, §20-1031(e), Annotated Code of Maryland. Engagement in Pattern and Practice Discrimination. In accordance with State Government Article, §20-1036(a), Annotated Code of Maryland, the Commission may take action upon the finding by the Commission that it has probable cause to believe that: A person or group of persons is engaged in a pattern and practice of resistance to the full enjoyment of any of the rights granted by State Government Article, §§20-701—20-710 and 20-1020—20-1037, Annotated Code of Maryland; or Any group of persons has been denied any of the rights granted by State Government Article, §§20-701—20-710 and 20-1020—20-1037, Annotated Code of Maryland, and that the denial or resistance raises an issue of general public importance. Enforcement. The Commission may commence a civil action in the appropriate circuit court. Subpoena. A subpoena issued under this regulation and State Government Article, §20-1036(b), Annotated Code of Maryland, may be enforced by the Commission or other party at whose request the subpoena is issued in appropriate proceedings in the circuit court for Baltimore City or the county in which the person to whom the subpoena was addressed resides, was served, or transacts business. Relief. The court, in accordance with State Government Article, §20-1036(c), Annotated Code of Maryland, may: Award preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of State Government Article, §§20-701—20-710 and 20-1020—20-1037, Annotated Code of Maryland, as is necessary to assure the full enjoyment of the rights granted by State Government Article, Title 20, Annotated Code of Maryland; Award other relief as the court deems appropriate, including monetary damages to persons aggrieved; and To vindicate the public interest, assess a civil penalty against the respondent: In an amount not exceeding $50,000 for a first violation, and In an amount not exceeding $100,000 for any subsequent violation. Attorney's Fees and Cost. The Court, in its discretion, may allow the prevailing party, including the Commission, reasonable attorney's fees and costs. Intervention. Upon timely application, a person may intervene in a civil action commenced by the Commission under State Government Article, §20-1036(d), Annotated Code of Maryland, and this regulation, if the action involves: An alleged discriminatory housing practice to which the person is an aggrieved person; or A conciliation agreement to which the person is a party. The court may grant appropriate relief to any intervening party as is authorized to be granted to a plaintiff in a civil action under State Government Article, §20-1035(e), Annotated Code of Maryland. Attorney's fees and cost shall be allowed in the discretion of the court or administrative law judge as follows: An intervenor shall be liable for reasonable attorney's fees and costs only to the extent that an intervenor's participation in the administrative proceeding was frivolous or vexatious, or was for the purpose of harassment; or To the extent that an intervenor is a prevailing party, the respondent shall be liable for reasonable attorney's fees. State Government Article, §§10-204, 20-710(d)(1), and 20-1034, Annotated Code of Maryland Effective date: August 30, 1993 (20:17 Md. R. 1350) Chapter revised effective October 19, 1998 (25:21 Md. R. 1575) Chapter revised effective May 5, 2008 (35:9 Md. R. 899) Chapter revised effective April 18, 2011 (38:8 Md. R. 507) It is the policy of the State not to enter into a contract with any business entity that has discriminated in the solicitation, selection, hiring, or commercial treatment of vendors, suppliers, subcontractors, or commercial customers on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, or disability, or any otherwise unlawful use of characteristics regarding the vendor's, supplier's, or commercial customer's employees or owners. These regulations provide the Commission's interpretation and regulations to implement the commercial nondiscrimination policy, as required by State Finance and Procurement Article, §19-119(a), and pursuant to State Government Article, §§10-110—10-112, Annotated Code of Maryland. The rules of procedure provided in this chapter apply to the processing of complaints of commercial discrimination and retaliation filed under State Finance and Procurement Article, §§19-101—19-120, Annotated Code of Maryland. Rules of procedure for directing and conducting investigations of discrimination and retaliation complaints filed under State Finance and Procurement Article, §§19-101—19-120, Annotated Code of Maryland, shall be in a manner consistent with State Government Article, §§20-207, 20-1005, and 20-1006, Annotated Code of Maryland. These regulations may not be construed to prohibit or limit otherwise lawful efforts to remedy the effects of discrimination that have occurred or are occurring in the marketplace. This chapter does not apply to: Any real property acquisition by the State, including property subject to condemnation, other than a lease of real estate for the State's use; The settlement of litigation; The settlement of judicial or administrative enforcement proceedings by or on behalf of the State, except for proceedings to enforce State Finance and Procurement Article, §§19-101—19-120, Annotated Code of Maryland; and Agreements concerning standards for locating facilities in a State right-of-way if a business entity has a statutory right to be in the right-of-way. A government entity receiving federal financial assistance under Title VI of the Civil Rights Act of 1964 is not covered under this chapter unless the government entity is participating in an economic development project. In this chapter, the following terms have the meanings indicated. Terms Defined. “Administrative law judge” means the individual assigned by the Office of Administrative Hearings to conduct a hearing under this chapter. “Aggrieved person” means any business entity that claims to have been injured by a discriminatory commercial practice. “Business entity” means any person, as defined in State Finance and Procurement Article, §1-101(d), Annotated Code of Maryland, firm, sole proprietorship, partnership, corporation, limited liability company, or other business entity, or a combination of any of these entities, including any financial institution, developer, consultant, prime contractor, subcontractor, supplier, or vendor, that has submitted a bid or proposal for, has been selected to engage in, or is engaged in providing goods or services to the State. “Charge” means a written statement prepared by the Commission's general counsel and issued under this chapter that contains a factual allegation of an unlawful discriminatory commercial practice. “Commercial customer” means a business entity that procures or attempts to procure goods or services from a business entity for business use as opposed to personal, family, or household use. “Commercial nondiscrimination policy” means the provisions under State Finance and Procurement Article, §§19-101—19-120, Annotated Code of Maryland, and any regulation, or documentation requirement, adopted by the Maryland Commission on Human Relations. “Commercial treatment” means the treatment of a vendor, supplier, subcontractor, or commercial customer by a business entity that affects the conduct of business and the terms and conditions under which business is transacted between two or more business entities. “Commission” means the Maryland Commission on Human Relations. “Commission staff” means employees of the Maryland Commission on Human Relations designated by the Commission to process, investigate, and pursue complaints filed under these regulations. “Complainant” means the person or business entity who files a complaint of discriminatory commercial practice or practices under these regulations. “Complaint” means a written statement by a person or business entity alleging an act or acts of commercial discrimination as prohibited by State Finance and Procurement Article, §§19-101—19-120, Annotated Code of Maryland. “Conciliation” means the attempted resolution of issues raised by a complaint or by investigation of a complaint through informal negotiations involving the complainant, the respondent, and the Commission. “Conciliation agreement” means a written agreement setting forth the resolution of the issues in conciliation. “Contract” means an agreement with a business entity that is awarded by or on behalf of the State for that business entity to sell or lease supplies or goods, or to provide construction, real estate development, financial, insurance, professional, or other services to the State in return for a fee, or any other form of compensation to be paid or provided by the State. Discrimination. “Discrimination” means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, supplier, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, national origin, sex, age, marital status, sexual orientation, disability, or any other unlawful use of characteristics regarding the vendor's, supplier's, or commercial customer's employees or owners. “Discrimination” does not include lawful efforts to remedy the effects of discrimination that have occurred or are occurring in the marketplace. “Economic development project” means a real estate development, construction, or renovation project for which the State provides: Funding or other financial assistance, other than payments in exchange for goods or services; Land; Road improvements; Tax credits; or A below market purchase price. “Executive Director” has the meaning stated in COMAR 14.03.01.02. Financial Institution. “Financial institution” means a person: Engaged in the business of lending money, guaranteeing loans, extending credit, securing bonds, or providing venture or equity capital; or That offers financial services in connection with State projects or the administration of State government. “Financial institution” includes banks, savings and loans, venture capital companies, insurance companies, bonding companies, mortgage companies, credit unions, and brokers. “Investigator” has the meaning stated in COMAR 14.03.01.02. “Notice” has the meaning stated in COMAR 14.03.01.02. “Party” means: A person who has filed a complaint under this chapter; A respondent business entity that has been alleged to have violated State Finance and Procurement Article, §§19-101—19-120, Annotated Code of Maryland; or The Commission, which is responsible for investigating the complaint and rendering the initial findings. “Proceeding” means a conference, meeting, hearing, investigation, inquiry, or other fact-finding or decision-making procedure, including the dismissal of a complaint. “Respondent” means a person or business entity: Accused in a complaint of a discriminatory commercial practice; or Identified during an investigation of a complaint and joined as an additional or substitute respondent under this chapter. “Services” includes construction, real estate development, financial, insurance, professional, and other services. “State subcontract” means an agreement for the provision of goods or the performance of a particular portion of work to be performed under a contract with the State, where: The party providing the goods or services is on reasonable notice that the work is to be performed under a State contract; and The amount to be paid for the goods and services is material with respect to the overall amount of the contract. “State subcontractor” means the party providing goods or services under a State subcontract. “Time” has the meaning stated in COMAR 14.03.01.02. Commercial Discrimination Practices Prohibited. It is unlawful for a business entity that has entered into a contract with the State to discriminate in the solicitation, selection, hiring, or commercial treatment of vendors, suppliers, subcontractors, or commercial customers. A business entity may not discriminate on the basis of race, color, religion, ancestry, national origin, sex, age, marital status, sexual orientation, disability, or any other unlawful use of characteristics regarding the vendor's, supplier's, or commercial customer's employees or owners. Retaliation Prohibited. It is unlawful for a business entity that has entered into a contract with the State to take any action that has a material negative effect against any person, business, or other entity for: Reporting any incident of discrimination; Testifying as a witness at a hearing; or Providing requested assistance to Commission staff in any investigation of an incident of discrimination under these regulations. Who May File. Any business entity who claims to have been aggrieved by an act or acts of unlawful commercial discrimination or retaliation prohibited by State Finance and Procurement Article, §§19-101—19-120, Annotated Code of Maryland, may file a complaint with the Commission. Persons Against Whom Complaint May Be Filed. A complaint may be filed against any business entity that has entered into a contract with the State and is alleged to have engaged in commercial discrimination or retaliation as prohibited by State Finance and Procurement Article, §§19-101—19-120, Annotated Code of Maryland. Manner of Filing. A complaint shall be filed at the offices of the Commission in person, by registered, certified, or regular mail, facsimile or other electronic media, or by delivery to any duly appointed representative of the Commission. Telephone Initiated Complaints. A complaint may be initiated by telephone to the Commission. If a complaint is issued by telephone: The Commission shall reduce information provided by telephone to writing on the prescribed complaint form; and The Commission shall send the complaint form to the aggrieved person to be signed and affirmed as provided in §E of this regulation. A telephone initiated complaint is considered filed only upon receipt of the signed form or signed writing. When Filed. A complaint shall be filed within 4 years after an alleged unlawful commercial discrimination or retaliation practice has occurred or terminated. If the alleged commercial discrimination or retaliation is of a continuing nature, the date of the occurrence of the unlawful practice shall be considered to be the date up to and including that date on which the unlawful practice ceased. A complaint is timely if filed within 4 years of the last alleged occurrence of an unlawful commercial discrimination or retaliation practice. Form and Content of Complaint. A complaint shall be in writing and shall be signed and affirmed by the aggrieved person filing the complaint. The affirmation shall state “I declare under the penalty of perjury that the foregoing is true and correct.” Complaint Forms. A complaint may be filed on a form provided by the Commission. A complaint form shall be made available to all persons at the Commission in Baltimore, Maryland, or other offices within the State that may be established. Personnel of the Commission shall render appropriate assistance to a complainant in filling out forms. Notwithstanding the availability of a Commission form, the Commission shall accept a written statement which substantially sets forth under this section the allegations of commercial discrimination or retaliation practices prohibited under State Finance and Procurement Article, §§19-101—19-120, Annotated Code of Maryland. Each complaint shall contain substantially the following information: The name and address of the aggrieved person; The name and address of the respondent; and A concise statement of facts to include: A description of the activities constituting the alleged unlawful commercial discrimination or retaliation practice; Pertinent dates showing that the alleged unlawful practice occurred within the past 4 years; and A statement indicating that the discrimination or retaliation occurred in the State pursuant to State Finance and Procurement Article, §19-107(f)(2), Annotated Code of Maryland. Amendment of Complaint. A complaint may be reasonably and fairly amended at any time. The amendments may include, but are not limited to: Curing technical defects or omissions, including failure to sign or affirm the complaint; Clarifying and amplifying an allegation made in the complaint; Joining additional or substitute respondents; or Alleging additional acts that constitute unlawful commercial discrimination or retaliation practices under State Finance and Procurement Article, §§19-101—19-120, Annotated Code of Maryland, and that relate back to or grow out of the subject matter of the original complaint. All amendments shall relate back to the original filing date. Review and Authorization. After the filing of a complaint, the Executive Director or designee shall: Review the complaint to determine whether it should be issued for reasons of standing of the parties, timeliness of the filing, or other matters upon which its issuance may depend; and Do one of the following: If the complaint is acceptable, authorize an investigation by dating and signing the complaint; or If the complaint is unacceptable and not susceptible to amendment, reject the complaint and serve notice on the complainant stating the reasons for rejection. Notification of Respondent. Within 10 days of the filing of a complaint or an amended complaint, including authorization, the Commission shall serve notice on each respondent by certified mail or personal service. The notice shall: Acknowledge the filing of the complaint; State the date that the complaint was accepted for filing; Include a copy of the complaint; Identify the alleged commercial discrimination or retaliation practice upon which the complaint is based; Advise the respondent of the time limits applicable to complaint processing, and the procedural rights and obligations of the respondent under this chapter; Advise the respondent that retaliation against an aggrieved person because the person made a complaint or testified, assisted, or participated in an investigation or conciliation under this chapter is an unlawful commercial practice prohibited by State Finance and Procurement Article, §19-106(a), Annotated Code of Maryland; and Inform the respondent of the opportunity to enter into mediation for the purpose of resolving the complaint. Joinder of Additional or Substitute Respondents. A person who is not named as a respondent in the complaint, but who is identified in the course of the investigation as a person who is alleged to be engaged or have engaged in commercial discrimination or retaliation upon which the complaint is based, may be joined as an additional or substitute respondent by service of notice on the person under this regulation within 10 days of the identification. Answer to Complaint. A respondent may file an answer not later than 10 days after receipt of the notice described in §B of this regulation. A respondent may assert any defense that might be available to a defendant in a court of law. The answer shall be signed and affirmed by the respondent, as described in Regulation .05E(1) and (2) of this chapter. An answer may be reasonably and fairly amended at any time with the consent of the Executive Director or designee. Withdrawal. A complaint filed by an aggrieved person may be withdrawn in writing at any time by the aggrieved person who filed the complaint. Administrative Closure—Notice and Reopening. The Executive Director or designee may administratively close a complaint under those circumstances, which, by way of example but not limitation, may include: Absence of information that establishes the whereabouts of the complainant; or A determination that statutory requisites have not been met. Notice of Administrative Closure. The Commission shall provide written notice of the administrative closure to the complainant at the last known address informing the complainant of the right to object to this closure within 15 days of the date on which the notice was mailed. In a case where the complaint has been withdrawn by a complainant, the 15-day notice provision to the complainant is not required. Written notice of the closure shall be sent to the respondent upon whom the complaint has been served. Objection to Administrative Closure. If the complainant files a timely objection, the Executive Director or designee shall consider the closure in light of the reasons stated by the complainant and make a determination. In the absence of a timely objection, the Executive Director or designee shall: Close the complaint and mark the complaint file closed; and Send written notice of the closure to the respondent upon whom the complaint was served. Request to Reopen Case. A request to reopen a case administratively closed for lack of information establishing the whereabouts of the complainant that is received beyond the time for objecting specified in §F(2) of this regulation shall be considered only upon a showing of good cause made by the complainant. Factors to be considered in determining whether good cause exists include but are not limited to: The amount of time elapsed since the complainant last had contact with the Commission; The circumstances surrounding the complainant's failure to inform the Commission of their whereabouts; and Prejudice to the respondent. Dismissal of Proceedings. The Executive Director or designee may dismiss cases which have not been certified for public hearing, at any state of the proceeding in accordance with COMAR 14.03.01.04E. Mediation. To promote a prompt and just resolution of a complaint, parties to a complaint are encouraged to enter into mediation to settle the complaint. Before the commencement of an investigation of a complaint, Commission staff shall review the complaint to determine whether mediation would be appropriate. The Commission shall provide each party with written notice of the opportunity to mediate. Process. Participation in mediation is voluntary. Before mediation may occur, all parties shall sign a request form indicating their intent to mediate the complaint. Upon receipt of a signed mediation request from all parties, the Commission shall suspend the normal investigation process and the parties shall be assigned to a neutral mediator in an attempt to resolve the complaint. As a condition precedent to the convening of any mediation meeting, the Commission may require a party to submit information which will facilitate an understanding of the case and promote its resolution. Information shared with the mediator during the mediation meeting may not become a part of the investigative record and may not be used against any party. Agreement. If the parties reach an agreement to settle the complaint: The terms of the agreement shall be put in a written document and signed by all parties; and The complainant shall authorize a withdrawal of the complaint. Order of the Commission. An agreement resulting from the mediation shall be executed on behalf of the Commission by the Executive Director or designee and shall constitute an order of the Commission as provided by law. Termination of Mediation Efforts. If no agreement is reached within 20 days of the initial meeting, the mediator shall refer the complaint back to the Commission for processing. The mediator may extend the 20-day period with the consent of the parties. The mediator shall destroy all information gathered during the mediation meeting. Investigations. Upon the authorization of a complaint, the Executive Director or designee, within 30 days after the filing of the complaint, shall assign, or cause to be assigned, the investigation of the complaint to an investigative unit. Commission staff shall direct and conduct investigations in a manner consistent with State Government Article, §§20-207, 20-1005, and 20-1006, Annotated Code of Maryland. In determining whether to proceed further with an investigation and in making findings, the Commission staff may consider any evidence provided by the complainant or the respondent as to the following factors: Whether there was an intent to discriminate on the part of the respondent; Whether there was a pattern and practice of discrimination on the part of the respondent; Any actions taken by the respondent to remedy the alleged discrimination; The effectiveness of any prior attempts by the respondent to remedy the discrimination; Whether the respondent has procured goods or services from or otherwise engaged in business with persons or entities of the same protected class as the complainant to an extent sufficient to demonstrate that the respondent has not discriminated against that protected class in the overall context of its business; and Any other evidence considered relevant by the Commission. The Commission may request assignment of additional State personnel or outside consultants as may be reasonably necessary or appropriate to conduct an investigation. Systemic Processing. The Executive Director or designee may identify the complaint for systemic processing when the Executive Director or designee determines that: The alleged commercial discrimination or retaliation practices contained in the complaint are pervasive within a particular industry or institutional in nature; The processing of the complaint will involve complex issues, or novel questions of law or fact; or A large number of business entities within a particular industry will be affected. The determination in §B(1) of this regulation may be based on the facts of the complaint or on information gathered in connection with an investigation. A systemic investigation may focus on: Documenting facts involved in the alleged commercial discrimination or retaliation practice that is the subject of the complaint; and Reviewing other policies and procedures related to the matters under investigation, to ensure their compliance with the commercial nondiscrimination and retaliation requirements of State Finance and Procurement Article, §§19-101—19-120, Annotated Code of Maryland. Conduct of Investigation. Fact-Finding Conference. The Commission staff may require that the complainant and respondent appear at a fact-finding conference convened to: Define the issues contained in a complaint; Determine which elements are undisputed; and Resolve those issues that can be resolved and ascertain whether or not there is a basis for a negotiated settlement of the complaint. Request for Information. The Commission staff shall exercise reasonable judgment in seeking relevant evidence from the complainant, the respondent, and as necessary, external sources. The Commission staff shall require the respondent or an external source to promptly provide answers to requests for information that will be used to assist in determining the merits of the allegations contained in the complaint. The request for information shall be accompanied by the following: A copy of the charge; and The date on which the response shall be submitted. Additional requests for information may be made to further the investigation. Interrogatories—Content and Response. The Commission staff may serve, upon authorization by the Executive Director or designee, interrogatories on a respondent by registered or certified mail, or by personal service. The interrogatories shall be accompanied by the following: The date by which a response is required, which date may not be less than 30 days after the date on which the interrogatories were delivered to the respondent; and A statement describing the consequences to the respondent if the respondent fails to answer the interrogatories, as set forth in Regulation .09 of this chapter. The interrogatories shall be answered within the time prescribed in the accompanying notice and shall be under oath. Time extensions shall be granted for good cause shown and upon a written request submitted to the Commission's Executive Director or designee. Upon a determination that they are relevant or necessary to complete the administrative process, subsequent interrogatories may be authorized and promulgated by the Commission's staff. Motion to Strike or Exceptions. The respondent may file a motion to strike or exceptions to the interrogatories within the time period set forth in §C(3)(b)(i) of this regulation. The motion or exceptions shall state the reason for them and be supported by a memorandum of points and authorities. The Executive Director or designee shall rule on the motion papers without oral argument. If the motion or exceptions are granted, the interrogatories may be limited, modified, or stricken in accordance with the order of the Executive Director or designee. If the motion or exceptions are denied, or if the order of the Executive Director or designee requires the respondent to answer any portion of the interrogatories, the respondent shall be given not more than 10 days from the date of receipt of the order to answer the interrogatories. Investigatory Subpoena. Pursuant to its authority under State Government Article, §20-1010, Annotated Code of Maryland, Commission staff may issue a subpoena upon written authorization of the Executive Director or designee. If completion of an investigation requires the issuance of a subpoena, the Commission staff may, upon written authorization of the Executive Director or designee, issue a subpoena to compel the: Attendance and testimony of a witness; or Production of books, papers, records, and documents relevant or necessary to the investigation. Service of this subpoena shall be made in accordance with State Government Article, §20-1010(b), Annotated Code of Maryland. The subpoena shall contain the following: The name of the person whose testimony is required; Identification of the books, papers, records, and documents to be submitted; The time, date, and location where the person subpoenaed is directed to appear and produce the information sought, which date may not be less than 15 days after the date on which the subpoena was served; and The signature of the Executive Director authorizing the issuance of the subpoena. Upon failure by the person subpoenaed to appear, or to produce the requested records, documents, papers, or books, the Executive Director or designee may apply to the circuit court in the city or county having jurisdiction for an order requiring the attendance and testimony of the person subpoenaed, or the production of the requested records, documents, papers, or books. Confidentiality. In accordance with State Government Article, §20-1101, Annotated Code of Maryland, the Public Information Act, and the Open Meetings Act, the Commission shall protect the confidential nature of information relating to an investigation. Permissive Disclosure of Information. Information relating to an investigation may be disclosed in the following circumstances: Any information may be released at any time if the release has been agreed to in writing by both the complainant and the respondent; The identity of the complainant may be disclosed to the respondent at any time; and Information may be disclosed if a party requests a contested case hearing. Protective Orders. The Commission may issue a protective order for good cause to limit, or otherwise impose conditions on, access by any person to any document in the possession of a party. A protective order issued under this regulation may include a document in the possession of the State or otherwise in the record that is not a public record and information disclosed in accordance with State Finance and Procurement Article, §§19-101—19-120, Annotated Code of Maryland. If, after a respondent has been served with duly authorized interrogatories together with a notice of the consequences of the failure to answer them, the respondent fails either to answer the interrogatories or to file a motion to strike or exceptions to the interrogatories within the time specified, the Executive Director or designee shall serve or cause to be served upon the respondent the following notice: An admission that the interrogatories, if answered, would have established facts consistent with the claim of the complainant; and A waiver of your right to have this Commission conduct further investigation, find whether there is probable cause, make conciliation efforts, or hold a hearing allowing the presentation of any and all defenses to the complaint which you might have otherwise raised.” Upon failure by the respondent to file full and complete answers to the interrogatories in accordance with this notice, the Executive Director or designee may certify the file and forward it to the general counsel. The general counsel shall prepare the following for submission to the Office of Administrative Hearings: The case file; A petition seeking a default order; and An affidavit of the Executive Director or designee. The affidavit shall include: A statement that the complainant has filed the allegations of commercial discrimination or retaliation within the time prescribed in the State Finance and Procurement Article, §§19-101—19-120, Annotated Code of Maryland; The date of service of the complaint and interrogatories on the respondent; The date of service of any notices requiring an answer to the interrogatories, or extending the time in which to answer; The date of service of the complaint and interrogatories as appears from the return of process; A statement that the respondent has failed to reply to the interrogatories within the time required; and A statement that the respondent has been given notice of the consequences of failure to respond to the interrogatories. Administrative Determination. An administrative law judge shall determine whether the respondent is in default, issue the appropriate order, and serve a copy of the order on all parties. If the administrative law judge determines that the respondent is not in default, the administrative law judge shall deny the petition and return the case file to the Executive Director or designee for further investigative proceedings. If the administrative law judge determines that the respondent is in default, the administrative law judge may impose any or all of the sanctions set forth in §A of this regulation as the administrative law judge finds appropriate. Petition to Vacate Default Order. Within 30 days after notice to the respondent of the entry of any default order, the respondent may petition the Commissioners sitting in their appellate capacity, as set forth in COMAR 14.03.01.12, to vacate the order and reopen the case for good cause shown. The respondent's assertion of good cause shall be in the form of an affidavit and shall include full and complete answers to the unanswered interrogatories. Oral argument may not be permitted. Issuance of Default Order. After the issuance of an order by the administrative law judge imposing sanctions: The case shall be logged in the Commission's official docket book for the purpose of certifying the case for public hearing of the complainant's evidence in support of the allegation of commercial discrimination or retaliation; Finding of probable cause shall be considered made against the respondent; and Failure of conciliation shall be presumed by respondent's default. Public Hearing. The public hearing to be subsequently held on the merits of the complaint shall be limited to whatever sanctions may be applied pursuant to §A of this regulation. The hearing may result in the issuance of a commission order, pursuant to State Government Article, §20-1009(e), Annotated Code of Maryland. Written Findings. The Commission shall set forth the results of its investigation in a written report entitled “written findings” which shall chronicle the facts found to exist and the conclusions drawn. The Commission staff shall make an initial finding of each allegation stated in the complaint, to include a finding of: Probable cause; No probable cause; False or frivolous; Settled; or Withdrawn. Except as provided in §A(4) of this regulation, the Commission shall make the initial findings and issue recommendations for appropriate action within 120 calendar days of the receipt of the complaint. The Commission may extend the time limit set forth in §A(3) of this regulation if: Good cause exists; or The parties agree to mediate a settlement to the complaint. The Commission shall serve written findings on all parties to the complaint. Probable Cause. The Commission shall determine whether, based upon a preponderance of the evidence and the totality of the factual circumstances known at the time of the decision, probable cause exists to believe that a commercial discrimination or retaliation practice has occurred. The Commission shall base a probable cause determination on the facts concerning the alleged commercial discrimination or retaliation practice, provided by the complainant, respondent, or otherwise obtained and disclosed during the investigation. If the Commission determines that probable cause exists, the Commission shall notify the complainant and respondent within 5 business days of the issuance of initial findings and recommendations and include an explanation of the reasons justifying the initial findings. No Probable Cause. If, based upon a preponderance of the evidence, the investigation fails to produce sufficient evidence to find that the alleged commercial discrimination or retaliation occurred, the Commission may issue a finding of no probable cause. If the Commission determines that no probable cause exists, the Commission shall notify the complainant and respondent within 5 business days of the issuance of initial findings and recommendations and include an explanation of the reasons justifying the initial findings. False or Frivolous Claim. Based upon a preponderance of the evidence, the Commission may issue a finding that the claim is false or frivolous if: The investigation produced sufficient evidence to establish that the complainant knowingly made one or more false or frivolous allegations; and Further investigation does not appear likely to produce sufficient evidence that the alleged commercial discrimination or retaliation occurred. If the Commission determines that the claim is false or frivolous, the Commission shall notify the complainant and respondent within 5 business days of the issuance of initial findings and recommendations and include an explanation of the reasons justifying the initial findings. Recommendation for Appropriate Action. Upon completion of the investigation, the Commission staff shall recommend to the Commission the appropriate action to be taken. Commission staff may recommend the following actions: Additional investigation of the complaint; The Commission's adoption of the initial findings rendered by the Commission staff; Imposition of sanctions; Imposition of remedies; or Other action consistent with State Finance and Procurement Article, §19-108(d), Annotated Code of Maryland. In determining appropriate action on a commercial discrimination claim, the Commission may take into account evidence provided or discovered in the course of the investigation regarding: The impact of the discrimination on affected parties; The impact of any authorized remedy on the State or any other party; Actions taken by the respondent to remedy the alleged discrimination; The effectiveness of any prior attempts by the respondent to remedy the discrimination; Whether the respondent has procured goods or services from or otherwise engaged in business with persons or entities of the same protected class as the complainant to an extent sufficient to demonstrate that the respondent has not discriminated against that protected class in the overall context of its business; The number and scope of prior violations of this policy by the respondent; and Any other evidence determined to be relevant by the Commission. Unless a contested case hearing is requested in accordance with Regulation .12 of this chapter, the Commission's findings and recommendations shall become the final administrative decision of the State, subject to judicial review pursuant to Regulation .16 of this chapter. Reconsideration. If the findings conclude that there is no probable cause to believe that a discriminatory or retaliatory act has been or is being committed, the complainant shall be given the opportunity to apply to the Commission's Executive Director or designee for reconsideration of the Commission's written findings and recommendations. Reconsideration Process. The application and authority shall be in writing and shall state specifically the grounds upon which it is based. The application and authority shall be filed with the Executive Director or designee within 15 days from the date on which the findings were mailed to the complainant. The Commission shall promptly give the respondent written notice that the complainant has requested reconsideration. Not later than 30 days after receipt of an application, the Executive Director or designee shall review the entire file, including the request for reconsideration, and may: Grant or deny the application for reconsideration; and Issue an order the Executive Director or designee considers appropriate. Not later than 30 days after making a determination, the Executive Director or designee shall notify the complainant and respondent in writing of the determination, and do one of the following: If the application for reconsideration is granted, remand the matter to the investigative staff for the appropriate action; or If the application for reconsideration is not granted, administratively close the case. The times set forth in §F of this regulation may be extended by the Executive Director or designee for good cause. Upon a written finding of probable cause, the Commission, the complainant, and the respondent shall enter the conciliation process. Written notice of the opportunity to conciliate shall be provided to the parties. Termination of Conciliation Efforts—Respondent's Actions. The Commission may terminate its efforts to conciliate if a respondent fails or refuses to: Confer with Commission staff; or Negotiate in good faith to resolve the dispute. If the prerequisites listed in §C(1) of this regulation are met, the Executive Director or designee may: Terminate the efforts to conciliate; Notify the parties that conciliation has failed; and Certify the case for public hearing as set forth in Regulation .13 of this chapter. Termination of Conciliation Efforts—Complainant's Actions. The Executive Director or designee may administratively close a case if the complainant: Fails to negotiate in good faith; or Rejects an offer of settlement or compromise made by the respondent, in a formal offer of settlement, which provides the complainant with the full relief which is available under State Finance and Procurement Article, §§19-108(d) and 19-110, Annotated Code of Maryland. Before administratively closing the case, the Executive Director or designee shall: Provide written notice to the complainant; Give the complainant 15 days after the mailing of the notice to object in writing and give reasons why the case should not be administratively closed; Consider the objections filed by the complainant; Administratively close the case, if no objections are filed; and Promptly notify both the complainant and the respondent of the determination. Prohibitions and Requirements—Disclosure of Information Obtained During Conciliation. Except as provided in §E(2) of this regulation, nothing that is said or done in the course of conciliation under this regulation shall be made public or used as evidence in a subsequent administrative hearing under State Finance and Procurement Article, §19-109, Annotated Code of Maryland, without written consent of the persons concerned or as otherwise permitted by law. Conciliation agreements shall be made public unless: The aggrieved person and respondent request nondisclosure; and The Commission determines that disclosure is not required to further the purposes of State Finance and Procurement Article, §§19-101—19-120, Annotated Code of Maryland. Notwithstanding a determination that disclosure of a conciliation agreement is not required, the Commission may publish tabulated descriptions of the results of all conciliation efforts. Review of Compliance with Conciliation Agreement. The Commission may review compliance with the terms of any conciliation agreement. Whenever the Commission has reasonable cause to believe that a respondent has breached a conciliation agreement, the Commission general counsel may file a civil action for the enforcement of the terms of the conciliation agreement. Order of the Commission. An agreement resulting from conciliation shall be executed on behalf of the Commission by the Executive Director or designee and shall constitute a final order of the Commission as provided by law. Who May Request. A request to submit a matter to an administrative hearing as a contested case hearing under this chapter may be made by a: Respondent upon a Commission determination of probable cause for one or more of the allegations stated in the complaint against the respondent, and the failure of timely conciliation; or Complainant if the Commission determines that one or more allegations contained in the complaint were knowingly false or frivolous when made. Manner of Request. A party shall request a contested case hearing by filing a written notice with the Commission within 15 calendar days of notice of the initial findings and recommendations. The notice shall contain the following information: A demand that the matter be referred to the Office of Administrative Hearings for a contested case hearing in accordance with State Government Article, §10-205(c)(2), Annotated Code of Maryland; The names, addresses, and telephone numbers of the Commission, the business entity's representatives, and any other parties; A reference to State Finance and Procurement Article, §§19-101—19-120, Annotated Code of Maryland; and A summary of the Commission's findings and recommendations that are being submitted for resolution to the administrative law judge for the contested case hearing. The requesting party shall immediately serve notice of the request for a contested case hearing upon all other parties. Failure to Properly Request Hearing. If a respondent fails to properly request a contested case hearing: The initial findings and recommendations of the Commission shall become the final administrative decision of the State; and The Commission shall then be authorized to enter any order and to take any action reasonably necessary or convenient to: Implement remedies under State Finance and Procurement Article, §19-110, Annotated Code of Maryland; Impose sanctions under State Finance and Procurement Article, §19-111, Annotated Code of Maryland; and Govern the conduct of the parties in the manner described under State Finance and Procurement Article, §19-112, Annotated Code of Maryland, so that the purposes of the commercial nondiscrimination policy are achieved. If a complainant fails to properly request a contested case hearing regarding a determination that a claim is false or frivolous, the initial findings and recommendations of the Commission shall become the final administrative decision of the State. When a Request for Contested Case Hearing Is Not Made. If a timely contested case hearing is not requested, the Commission may vacate the Commission staff's recommended remedy on written notice to all parties within 5 business days after the time for requesting a contested case hearing has expired. In the absence of such notice as described in §D(1) of this regulation, the Commission is considered to have approved the Commission staff's recommended remedy. Certification of File. Upon receipt of a request for a contested case hearing, the Executive Director or designee shall certify the case for public hearing. An entry identifying this case shall be logged in the Commission's official docket book, which shall be maintained by the Executive Director for cases pending public hearing. The Executive Director or designee shall forward the certified file to the Commission's General Counsel for further processing. The General Counsel, on review of a file so certified, may remand the case to the Executive Director or designee for: Further investigation and, in this case, shall state clearly the issues requiring further investigative proceedings; or Review of the findings and, in this case, shall state clearly the reason for the review. Statement of Charges. For each contested case hearing properly requested, the Commission shall: File a statement of charges with the Office of Administrative Hearings; and Request a hearing before an administrative law judge in a manner consistent with the requirements of COMAR 28.02.01.04. The statement of charges shall contain: An allegation that the person on whose behalf the complaint is being issued is a proper complainant within the meaning of State Finance and Procurement Article, §19-106, Annotated Code of Maryland; An allegation that the respondent is the proper respondent within the meaning of, and subject to provisions of State Finance and Procurement Article, §19-102, Annotated Code of Maryland; A factual allegation or allegations of an unlawful commercial discrimination or retaliation practice or practices; and A request for relief sought. Answer. Any answer made to the statement of charges shall be filed within 15 days after service of the statement of charges. Upon application in writing to the administrative law judge before the end of the 15 days, the administrative law judge may extend the time within which the answer may be filed upon a showing of good cause. The answer shall be filed with the Office of Administrative Hearings and the original of the answer shall be signed under oath or affirmation of the respondent and shall contain: The name and address of the respondent; The name, address, and telephone number of the respondent's attorney, if any; A specific admission, denial, or assertion that the respondent is without sufficient knowledge or information to form a belief with respect to each and every allegation of the complaint; A statement of any matter constituting a defense to any allegations in the statement of charges; and A certification that service of this answer has been made upon all other parties. Any allegation in the statement of charges which is not denied or admitted in the answer is considered admitted, unless the respondent states in the answer that it is without sufficient knowledge or information to form a belief with respect to this allegation. Any allegation of new matter contained in the answer is considered denied without the necessity of a reply being filed, unless a reply is ordered by the administrative law judge conducting the hearing. General Information. Scope. This regulation applies only to an administrative law judge adjudication of a request for a contested case hearing filed in accordance with Regulation .12 of this chapter pursuant to State Finance and Procurement Article, §19-109, Annotated Code of Maryland. Venue. The Commission may designate the venue for the contested case hearing, taking into consideration the convenience of the parties and the location of the evidence. Burden of Proof. The Commission shall bear the burden of proof by a preponderance of the evidence. The Office of Administrative Hearings shall conduct a contested case hearing in accordance with its rules of procedure under COMAR 28.02.01. Time Computation. Time computations under this regulation shall be in accordance with Article 1, §36, Annotated Code of Maryland. Except for time periods required by statute, the administrative law judge may enlarge or reduce any time period required under this regulation when necessary to avoid prejudicing the public interest or the rights of the parties. In computing any time period involved, the date of issuance of an order or decision by an administrative law judge is the date the order or decision is served by the Office of Administrative Hearings. A document is not filed until received by the Office of Administrative Hearings. Service and Filing. Service of a document under this regulation shall be in accordance with COMAR 28.02.01.24. A copy of all filed documents shall be served on all parties of record. All filed documents shall clearly state: The docket number, if any; The title of the proceeding; and Certificate of service. A party shall file all documents with the Office of Administrative Hearings. Administrative Law Judge. Authority. The powers and duties of an administrative law judge shall be in accordance with COMAR 28.02.01.08A and B. Disqualification. A disqualification of an administrative law judge shall be in accordance with COMAR 28.02.01.08C. Ex Parte Communications. An ex parte communication shall be defined and prohibited in accordance with State Government Article, §10-219, Annotated Code of Maryland. Parties. Parties to the proceeding shall include: The Commission that files the charge under Regulation .13B of this chapter seeking appropriate relief for an aggrieved party and the public interest; A complainant who is the person who files a complaint of commercial discrimination or retaliation issued under Regulation .05 of this chapter; A respondent who is the person named in the complaint of commercial discrimination or retaliation issued under Regulation .05 of this chapter against whom relief is sought; and Representation of the parties, which shall be in accordance with COMAR 28.02.01.09. Pleadings and Motions. Pleadings. Form. Every pleading, motion, brief, or other document shall contain a caption setting forth the: Title of the proceeding; Case number assigned by the Commission; and Designation of the type of document, for example, charge, answer, or motion to dismiss. Signature. Every pleading, motion, brief, or other document filed by a party shall be signed by the party, the party's representative, or the attorney representing the party, and shall include the signer's address and telephone number. The signature constitutes a certification that the signer has read the document, that to the best of the signer's knowledge, information, and belief there is good ground to support the document, and that it is not interposed for delay. Motions. All motions to an administrative law judge shall be in accordance with COMAR 28.02.01.16 except as otherwise provided in §G(4) of this regulation. Discovery. Discovery shall be conducted in accordance with COMAR 28.02.01.10. Subpoenas. A subpoena shall be issued in accordance with State Government Article, §20-1010, Annotated Code of Maryland, and COMAR 28.02.01.11. Prehearing Procedures. Prehearing Conference. A prehearing conference shall be conducted in accordance with COMAR 28.02.01.13. Notice of Prehearing Conference and Hearing. The administrative law judge shall set the matter in for a prehearing conference, hearing, or both, on the earliest date practicable. The administrative law judge shall, by registered or certified mail, forward to the complainant and to the respondent, a statement of the charges and a notice of prehearing conference or hearing, which shall include the following: The place, date, and hour of the prehearing conference, public hearing, or both; A statement advising both the complainant and respondent of their respective rights to appear and be represented in this hearing in person, by their attorneys, or both, and that the case in support of the complaint shall be presented by the Commission's General Counsel; A statement advising the respondent of the right to file an answer to the statement of charges; and The name of the administrative law judge designated to conduct the prehearing conference or hearing, or a statement that an administrative law judge will be subsequently designated. The administrative law judge shall forward a copy of the notice of prehearing conference, public hearing, or both, to the General Counsel of the Commission. The prehearing conference, public hearing, or both, may not occur less than 20 or more than 60 days after the issuance and service of the statement of charges and notice of prehearing conference, public hearing, or both. Prehearing Memorandum. Before the commencement of a prehearing conference, the administrative law judge may direct parties to file a prehearing memorandum. Contents of Memorandum. The memorandum shall state the name of the party or parties presenting the statement and, unless otherwise directed by the administrative law judge, briefly set forth the following: Issues involved in the proceeding; Facts stipulated by the parties and a statement that the parties have made a good faith effort to stipulate to the greatest extent possible; Facts in dispute; Witnesses and exhibits to be presented at the hearing; A brief statement of applicable law; Conclusions to be drawn; Estimated time required for presentation of the party's case; and Such other information as may assist in the disposition of the proceeding. Preliminary Matters—Motions. All preliminary matters shall be raised by motion filed at either the prehearing conference or not later than 45 days before the public hearing. The motion shall be in writing, stating briefly the relief applied for, with a memorandum stating the reasons and any law that may support the motion. The motion and two copies together with a certificate of mailing to all parties shall be filed with the administrative law judge. An answer to a preliminary motion shall be in writing and include: A memorandum stating the reasons and any law that may be in support of the answer; and Certification that a copy has been mailed to all parties. The original and two copies of the answer shall be filed with the administrative law judge within 15 days of receipt of the original motion unless otherwise directed by the administrative law judge. The administrative law judge shall decide all motions without oral argument on the motions, unless the administrative law judge desires oral argument or testimony. If the administrative law judge requests oral arguments, the administrative law judge shall set the date, place, and time, and notify all parties. Settlement Conference. If required, a settlement conference shall be conducted in accordance with COMAR 28.02.01.14. Hearing Procedures. Date. All parties shall cooperate in good faith to have the contested case hearing concluded within 180 days after the issuance of a notice for a contested case hearing. Place. The Commission may designate the venue for the contested case hearing, taking into consideration the convenience of the parties and the location of the evidence pursuant to State Finance and Procurement Article, §19-109(d)(1)(ii), Annotated Code of Maryland. Notice of Hearing. The parties shall be notified of the hearing in accordance with §G(2) of this regulation. Conduct of Hearing. The hearing shall be conducted in accordance with COMAR 28.02.01.17. Evidence. Evidence shall be admitted in accordance with State Government Article, §10-213, Annotated Code of Maryland, and COMAR 28.02.01.18. Stipulations. The administrative law judge may accept stipulations in accordance with COMAR 28.02.01.15 upon the showing of mutual consent of all parties. Affidavits. The administrative law judge may accept affidavits in accordance with COMAR 28.02.01.15 upon showing: Mutual consent of the parties; The affiant is unavailable to testify; and The party seeking to introduce the affidavit has exercised reasonable diligence to locate the affiant. Failure to Attend Hearing and Default. The failure of a party to attend a hearing and the subsequent default process shall be in accordance with COMAR 28.02.01.20. Appointment of Interpreter. In situations where an interpreter is required, appointment shall be made in accordance with COMAR 28.02.01.19. Public Hearings. Proceedings under this regulation shall be open to the public in accordance with COMAR 28.02.01.21. Transcript of Hearing Record. The administrative law judge shall cause the testimony taken at the hearing to be transcribed. The transcript, together with all pleadings, exhibits, and other materials introduced into evidence, shall constitute the record of the case as defined in State Government Article, §10-218, Annotated Code of Maryland. Decision of Administrative Law Judge. In General. At the conclusion of the contested case hearing, the administrative law judge shall issue a written decision and order including findings of fact and conclusions of law upon each material issue of fact and law presented on record. A decision and order of the administrative law judge shall be in accordance with COMAR 28.02.01.22. The written decision may: Affirm or reject all or part of the statement of charges; or Substitute different findings and recommend appropriate remedies. The administrative law judge shall base the decision solely on a preponderance of the evidence contained in the record of the contested case hearing and shall reflect the evidentiary basis for its findings. An administrative law judge may consider any evidence regarding the factors described in Regulation .08A(3) of this chapter when determining whether to sustain an allegation presented in a statement of charges. Finding Against Complainant—False or Frivolous Complaint. If the administrative law judge finds that the complainant knowingly made a false or frivolous allegation, the administrative law judge shall make an initial decision dismissing the charge and order such relief as may be appropriate. Finding Against Respondent. If the administrative law judge affirms all or part of an allegation contained in the statement of charges, the administrative law judge may take additional evidence on the appropriate remedy to be recommended pursuant to State Finance and Procurement Article, §19-110(a), Annotated Code of Maryland. The administrative law judge may consider: Evidence relating to the factors described in Regulation .10E(3) of this chapter; and Other evidence considered relevant by the administrative law judge. Recommendations for Appropriate Action. If the administrative law judge affirms all or part of an allegation contained in the statement of charges, the administrative law judge may order any one or more of the following actions: Any remedy agreed upon by the respondent, complainant and the Commission; Referral of the complainant to the Board of Public Works for a determination of disbarment pursuant to State Finance and Procurement Article, §§16-306 and 16-307, Annotated Code of Maryland, to preclude the business entity from bidding on or receiving contract awards on State projects, and participating in State contracts as a subcontractor, vendor, or supplier for a period of not more than 3 years; Rescission, suspension, or termination of any current contract between the respondent and the State under the terms of that contract; Exercise any other rights or remedies available to the State under any current contract between the respondent and the State; Finding that the respondent is not a “responsible bidder” within the meaning of State Finance and Procurement Article, §11-101(r), Annotated Code of Maryland, with respect to specific contracts that the State has put out for bids or intends to put out for bids; Referral of the matter for criminal prosecution of fraud and other violations under State law if appropriate under the circumstances; or Mediation. Finding in Favor of Respondent. If the administrative law judge determines that the respondent has not engaged in an unlawful act of commercial discrimination or retaliation, the administrative law judge shall make an initial decision dismissing the charge. Service of Decision. The decision of the administrative law judge shall be delivered to all parties with a notice indicating the right of any party to appeal the decision in accordance with State Finance and Procurement Article, §19-113, Annotated Code of Maryland, and Regulation .16 of this chapter. Final Decision and Order. The written opinion of the administrative law judge shall become the final administrative decision of the State, subject to judicial review pursuant to Regulation .16 of this chapter. On issuance of the final decision, the Commission or the administrative law judge may enter any order reasonably necessary or convenient to govern the conduct of the State and the parties so that the purposes of the commercial nondiscrimination policy are achieved. Costs. Notwithstanding any contrary provision contained in these regulations or State Finance and Procurement Article, §§19-101—19-120, Annotated Code of Maryland, each party shall bear the costs of its own legal representation and expert witness fees. If the administrative law judge finds that one or more allegations giving rise to the Commission's findings or the respondent's challenge to the findings were knowingly false or frivolous when made, the administrative law judge may require the party who made the knowingly false or frivolous allegations to bear all or a portion of the other party's legal fees and expert witness fees. Applicable Provisions. To the extent that procedures and standards stated in this regulation differ from those contained in Title 10, Subtitle 2 of the State Government Article, these regulations shall govern, but in all other respects, the provisions in the State Government Article shall govern. Judicial Review of Final Decision and Order. Any party who, after having exhausted all administrative remedies available, is aggrieved by a final decision of the Commission or the administrative law judge issued under this chapter may seek judicial review pursuant to State Government Article, §10-222, Annotated Code of Maryland. Enforcement of Final Decision and Order. Following the issuance of a final decision and order under this chapter, the Commission’s General Counsel may petition the appropriate circuit court for the enforcement of the final decision and order and for appropriate temporary relief or restraining order in accordance with State Government Article, §20-1011, Annotated Code of Maryland. Every contract that the State enters into shall contain the commercial nondiscrimination policy clause, as written in State Finance and Procurement Article, §19-116, Annotated Code of Maryland. General. This regulation sets out the procedures for filing requests with the Maryland Commission on Human Relations for the inspection and copying of records under the Public Information Act, State Government Article, §§10-611—10-630, Annotated Code of Maryland. It is the policy of the Commission to facilitate public access to records of the Commission, if that access is allowed by law, by minimizing costs and time delays to persons requesting information. It is the policy of the Commission to safeguard and preserve the confidentiality of investigations of complaints made under State Finance and Procurement Article, §§19-101—19-120, Annotated Code of Maryland, by restricting access to records when access is prohibited or restricted by law. Definitions. “Act” means the Public Information Act, State Government Article, §§10-611—10-628, Annotated Code of Maryland. “Applicant” means a person requesting disclosure of public records. “Commission” means the Maryland Commission on Human Relations. Custodian or Official Custodian. “Custodian” or “official custodian” means the person who is responsible for maintenance, care, and keeping of the public records of the Commission. Unless otherwise provided by law, the Executive Director or designee is the official custodian of the Commission's records. “Executive Director” means the Executive Director of the Maryland Commission on Human Relations, or designee. “Investigative case file” means any record, regardless of physical form, generated or received by Commission staff during the course of the investigation until the stage of public hearing of a complaint alleging a violation of the Commercial Nondiscrimination Policy pursuant to State Finance and Procurement Article, §§19-101—19-120, Annotated Code of Maryland, including the complaint itself and any documents indicating the identity of a complainant or respondent. “Public hearing” means any public hearing or trial before either the Office of Administrative Hearings or any federal or State court of law. Public Record. “Public record” means all papers, correspondence, forms, books, photographs, photostats, films, microfilms, sound recordings, video recordings, maps, drawings, or other written documents, regardless of physical form or characteristics. “Public record” includes all copies made or received by the Commission in connection with “investigative case files” as defined in §B(6) of this regulation, and as set forth in Regulation .19E of this chapter. “Public record” includes salaries of all employees of the Commission. “Working day” means a day other than Saturday, Sunday, or a State holiday. “Written document” means all books, papers, maps, photographs, cards, tapes, recordings, computerized records, and other documentary material, regardless of physical form or characteristics. Retention of Investigative Case Files. The custodian shall maintain, as a public record of the Commission, all documents made or received by the Commission contained in the investigative case files, for a period of 18 months from the date of final disposition. Final disposition means the: Commission has found no probable cause, or has otherwise terminated the investigation; Administrative law judge has rendered their decision; or Time to request judicial review pursuant to Regulation .16 of this chapter has passed. Records Temporarily Unavailable. If a requested public record is in the custody or under the control of the person to whom written application is made but is not immediately available for inspection or copying, the custodian shall, within 10 working days of receipt of the request, so notify the applicant and set a date and hour within a reasonable time for inspection or copying. Records Destroyed or Lost. If a requested record has been destroyed or lost, the custodian to whom written application is made shall, within 10 working days of receipt of the request, notify the applicant of this fact and explain in the response the reasons why the record cannot be produced. Who May Request. Any person may request to inspect or copy a public record of the Commission. Applications. A person or governmental unit that wishes to inspect a public record shall submit a written application to the custodian. If the individual to whom the application is submitted is not the custodian of the record, within 10 working days after receiving the application, the individual shall give the applicant notice of that fact and, if known, shall provide the name of the custodian and the location or possible location of the public record. Contents of Written Application. A written application shall contain the applicant's name and address, shall be signed by the applicant, and shall reasonably identify by brief description the record sought. Response to Written Application. Granting of Request. If the custodian decides to grant a written application for inspection, the custodian shall produce the record for inspection immediately or within a reasonable period that is needed to retrieve the public record, not to exceed 30 days from the date of the application. Denial of Request. If the custodian denies the application, the custodian immediately shall notify the applicant and within 10 working days, give the applicant a written statement that states the reason for the denial, the legal authority for the denial, and notice of the remedies under State Government Article, §§10-622 and 10-623, Annotated Code of Maryland, for review of denial. The custodian shall permit inspection of any part of the record that is subject to inspection and reasonably severable from the material to which access is denied by the custodian. Request Made to an Individual Who Is Not the Custodian of the Request Record. If a requested public record is not in the custody or control of the person to whom written application is made, that person shall, within 10 working days of the receipt of the request, notify the applicant. If the person to whom the application is made knows the name of the custodian of the record or the location or possible location of the record sought, this information also shall be given to the applicant. With the consent of the applicant, any time limit imposed under this section may be extended for not more than 30 days. Notification of Persons Who May Be Affected by Disclosure. Unless prohibited by law, the custodian may notify any person who could be adversely affected by disclosure that an application for inspection or copying of the record has been made. The custodian may consider the comments of that person before deciding whether to disclose the record of the applicant. Precertification Production of Investigative Case Files. Pursuant to State Government Article, §20-1101, Annotated Code of Maryland, during the investigation of any complaint alleging a violation of State Government Article, §§20-301—305, 20-602, 20-606—20-607, 20-705—20-706, and 20-901—20-902, Annotated Code of Maryland, and until the matters reach the stage of public hearings, the Commission is required to hold confidential any information in relation to investigative case files. Release of Information. Any request for information relating to investigative files before the charge has reached the public hearing stage shall be denied, except those made pursuant to provisions of State Government Article, §20-1101, Annotated Code of Maryland. Any information may be released at any time if the release has been agreed to in writing by both complainant and respondent. The identity of the complainant may be disclosed to the respondent at any time. Certified Investigative Case Files. The custodian may deny inspection of: Cases which have been certified for public hearings under Regulation .13 of this chapter, and any other requests for information, in accordance with State Government Article, §10-618, Annotated Code of Maryland; and An investigative case file or other document if the custodian believes it would be against public interest, subject to the provisions of §E(2) of this regulation. The custodian may deny inspection by a person in interest only to the extent it would: Interfere with a valid and proper law enforcement proceeding; Deprive another person of a right to a fair trial or an impartial adjudication; Constitute an unwarranted invasion of personal privacy; Disclose the identity of a confidential source; Disclose an investigative technique or procedure; Prejudice an investigation; or Endanger the life or physical safety of an individual. Privileged Information. A person may not inspect or copy any information which is privileged by law. Request for Review. If a written application is denied by the custodian for a reason other than the record is temporarily unavailable, the applicant may, within 30 days after receipt of the notice of the denial, request administrative review of the denial, as described in §A(2) of this regulation. An applicant shall request administrative review of denial of application for information by filing a written request within 30 days of the denial with the Chairperson of the Commission on Human Relations. In the written request for review, the applicant shall: State their name; Sign the request; Identify, by brief description, the record sought; and Include a copy of the writing from the custodian denying the request. The chairperson shall issue the final decision of the Commission within 60 days of the request for review, unless the applicant requests a hearing as described in §A(5) of this regulation. Request for Administrative Hearing. If the applicant requests a hearing, the hearing shall be conducted by an administrative law judge designated by the chairperson. The hearing shall be governed by the Commission's rules of procedure pursuant to COMAR 14.03.01.11G. After the hearing, the administrative law judge shall prepare a recommended decision for the chairperson. The chairperson shall issue the final decision of the Commission within 60 days of the date of the hearing. Request for Judicial Enforcement. If the applicant chooses not to request administrative review under §A(1) of this regulation, the applicant may file an action for judicial enforcement under State Government Article, §10-623, Annotated Code of Maryland, without exhausting that administrative remedy, as provided by State Government Article, §§10-622 and 10-623, Annotated Code of Maryland. Disclosure Against Public Interest. If, in the opinion of the Executive Director, disclosure of a public record that is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the Executive Director may temporarily deny the request in writing and apply within 10 working days of the denial to the appropriate court for an order permitting continued denial or restriction of access. Notice of an application filed with the circuit court shall be served on the applicant in the manner that is provided for service of process by the Maryland Rules of Procedure. Fees. The custodian shall provide copies, printouts, or photographs only upon payment of the applicable fee by the applicant. The fees to be charged for any copies, printouts, or photographs shall be established by the Executive Director. If the custodian is unable to copy a record within the Commission, the custodian shall make arrangements for the prompt reproduction of the record at public or private facilities outside the Commission. In a case as described in §C(3) of this regulation, the custodian shall either collect from the applicant a fee to cover the actual cost of reproduction or direct the applicant to pay the cost of reproduction directly to the facility making the copy. Before copying a record, the custodian shall estimate the cost of reproduction and either obtain the agreement of the applicant to pay the costs or demand prepayment of any estimated fee before reproducing the record. The official custodian may charge reasonable fees for an official's or employee's time expended searching for requested records or for any time expended preparing records for inspection and copying, except for the first 2 hours of official or employee time that is needed to respond to a request for information. Fee Waiver or Reduction. Upon request, the official custodian may waive or reduce any fee charged pursuant to this section if the custodian determines that the waiver or reduction is in the public interest. The custodian shall consider, among other relevant factors, the ability of the applicant to pay the costs or fee. If the applicant requests that copies be mailed or delivered to the applicant, the custodian may charge the applicant for the costs of postage or delivery to the applicant. Time of Inspection. An applicant may inspect any public record that the applicant is entitled to inspect during the normal working hours of the Commission. Place of Inspection. The place of inspection shall be the place where the document is located unless the custodian, after taking into account the applicant's expressed wish, determines another place of inspection is more suitable and convenient. State Finance and Procurement Article, §§19-106—19-110, 19-116, and 19-119; State Government Article, §10-204; Annotated Code of Maryland Effective date: April 7, 2008 (35:7 Md. R. 750) Regulation .01D amended effective April 18, 2011 (38:8 Md. R. 507) Regulation .08A, C amended effective April 18, 2011 (38:8 Md. R. 507) Regulation .09A, H amended effective April 18, 2011 (38:8 Md. R. 507) Regulation .14F amended effective April 18, 2011 (38:8 Md. R. 507) Regulation .15C amended effective April 18, 2011 (38:8 Md. R. 507) Regulation .16B amended effective April 18, 2011 (38:8 Md. R. 507) Regulation .19E amended effective April 18, 2011 (38:8 Md. R. 507)