<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".09" citation="COMAR 14.03.01.09" title_num="14" subtitle_num="03" chapter_num="01" heading="Conciliation Process.">
  <paragraph num="A.">
    <text>Conciliation.</text>
    <paragraph num="(1)">
      <text>Upon a written finding of probable cause, the Commission, the complainant, and the respondent shall enter the conciliation process.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Written notice of the opportunity to conciliate shall be provided to the parties.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Termination of Conciliation Efforts — Respondent's Actions.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Termination of Conciliation Efforts—Complainant's Actions.</text>
    <paragraph num="(1)">
      <text>The Executive Director or designee may administratively close a case if the complainant:</text>
      <paragraph num="(a)">
        <text>Fails to negotiate in good faith; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Before administratively closing the case, the Executive Director or designee shall:</text>
      <paragraph num="(a)">
        <text>Provide written notice to the complainant;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Consider the objections filed by the complainant;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Administratively close the case if no objections are filed; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Promptly notify both the complainant and respondent of the determination.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Prohibitions and Requirements — Disclosure of Information Obtained During Conciliation.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Review of Compliance with Conciliation Agreements.</text>
    <paragraph num="(1)">
      <text>The Commission may, from time to time, review compliance with the terms of any conciliation agreement.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>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.</text>
  </paragraph>
</regulation>