<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".06" citation="COMAR 14.03.01.06" title_num="14" subtitle_num="03" chapter_num="01" heading="Default Procedures.">
  <paragraph num="A.">
    <text>Interrogatories — Default Procedure.</text>
    <paragraph num="(1)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>An admission that the interrogatories, if answered, would have established facts consistent with the claim of the complainant; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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."</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The date of service of the complaint and interrogatories as appears from the return of process;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A statement that the respondent has failed to reply to the interrogatories within the time required; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>A statement that the respondent has been given notice of the consequences of failure to respond to the interrogatories.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Petition to Vacate Default Order.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Oral argument is not permitted.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Issuance of Default Order. After the issuance of an order by the administrative law judge imposing sanctions:</text>
    <paragraph num="(1)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A finding of probable cause shall be deemed made against the respondent;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A failure of conciliation shall be presumed by respondent's default;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>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</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The hearing may result in the issuance of a Commission order, pursuant to State Government Article, §20-1009(e), Annotated Code of Maryland.</text>
    </paragraph>
  </paragraph>
</regulation>