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<regulation prefix="Regulation" num=".10" citation="COMAR 14.03.01.10" title_num="14" subtitle_num="03" chapter_num="01" heading="Public Hearings — Certification and Preliminary Proceedings.">
  <paragraph num="A.">
    <text>Certification of File.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Executive Director or designee shall forward the certified case file to the Commission's general counsel for further processing.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The general counsel, on review of a file so certified, may remand the case to the Executive Director or designee for:</text>
      <paragraph num="(a)">
        <text>Further investigation and, in this case, shall state clearly the issues requiring further investigative proceedings; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Review of the findings and, in this case, shall state clearly the reason or reasons for the review.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Statement of Charges.</text>
    <paragraph num="(1)">
      <text>The Commission shall file a statement of charges if:</text>
      <paragraph num="(a)">
        <text>The complainant elects to pursue an administrative action; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The complainant or Commission fails to elect a civil action within the time specified under Regulation .13A of this chapter.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The statement of charges shall contain:</text>
      <paragraph num="(a)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A factual allegation or allegations of an unlawful discriminatory practice or practices;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A prayer for relief sought.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>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.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Prehearing Procedures.</text>
    <paragraph num="(1)">
      <text>Prehearing Conference. A prehearing conference shall be conducted in accordance with COMAR 28.02.01.13.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Notice of Prehearing Conference and Hearing.</text>
      <paragraph num="(a)">
        <text>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:</text>
        <paragraph num="(i)">
          <text>The place, date, and hour of the prehearing conference or public hearing, or both;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>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;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>A statement advising the respondent of his or her right to file an answer to the statement of charges; and</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>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.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>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.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Settlement Conference. When required, a settlement conference shall be conducted in accordance with COMAR 28.02.01.14.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Answer.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>The name and address of the respondent;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The name, address, and telephone number of the respondent's attorney, if any;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A statement of any matter constituting a defense to any allegations in the statement of charges;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>A certification that service of this answer has been made upon all other parties.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Preliminary Matters—Motions.</text>
    <paragraph num="(1)">
      <text>All preliminary matters shall be raised by motion filed at either the prehearing conference or not later than 45 days before the public hearing.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The motion and two copies together with a certificate of mailing to all parties shall be filed with the administrative law judge.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>An answer to a preliminary motion shall be in writing and include:</text>
      <paragraph num="(a)">
        <text>A memorandum stating the reasons and any law that may be in support of the answer; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Certification that a copy has been mailed to all parties.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The administrative law judge shall decide all motions without oral argument on the motions, unless the administrative law judge desires oral argument or testimony.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>If the administrative law judge desires oral arguments, the administrative law judge shall set the date, place, and time, and notify all parties.</text>
    </paragraph>
  </paragraph>
</regulation>