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)