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<regulation prefix="Regulation" num=".08" citation="COMAR 14.03.01.08" title_num="14" subtitle_num="03" chapter_num="01" heading="Completion of Investigation.">
  <paragraph num="A.">
    <text>Written Findings.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The findings shall be served on all parties to the complaint.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Probable Cause.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>A final written finding may be amended at any time, if additional information is discovered.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Reconsideration.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Reconsideration Process.</text>
      <paragraph num="(a)">
        <text>The application and authority shall be in writing and shall state specifically the grounds upon which it is based.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Written notice that the complainant has requested reconsideration shall be given promptly to the respondent.</text>
      </paragraph>
      <paragraph num="(d)">
        <text>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:</text>
        <paragraph num="(i)">
          <text>Grant or deny the application for reconsideration; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Issue an order the Executive Director or designee considers appropriate.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(e)">
        <text>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:</text>
        <paragraph num="(i)">
          <text>If the application for reconsideration is granted, remand the matter to the investigative staff for the appropriate action; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>If the application for reconsideration is not granted, administratively close the case.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>The times set forth in §C of this regulation may be extended by the Executive Director or deputy director for good cause.</text>
  </paragraph>
</regulation>