<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".11" citation="COMAR 14.03.04.11" title_num="14" subtitle_num="03" chapter_num="04" heading="Complaint Processing.">
  <paragraph num="A.">
    <text>Review, Authorization, and Expedition.</text>
    <paragraph num="(1)">
      <text>After the filing of a housing complaint, the Executive Director or designee shall:</text>
      <paragraph num="(a)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>If the complaint is rejected and not susceptible to amendment, serve notice on the complainant stating the reasons for rejection; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>If the complaint is considered acceptable:</text>
        <paragraph num="(i)">
          <text>Authorize an investigation by dating and signing the complaint; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>If the Executive Director or designee determines and states in writing that the complaint should be expedited based on a showing of good cause or because justice requires, expedite the complaint.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>If a complaint is expedited under §A(1)(c)(ii) of this regulation, the Executive Director or designee may shorten time frames set forth in Regulation .12 of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Notification of Aggrieved Person.</text>
    <paragraph num="(1)">
      <text>Upon the filing of a complaint, the Commission shall give notice to each aggrieved person on whose behalf the complaint was filed.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The notice shall:</text>
      <paragraph num="(a)">
        <text>Acknowledge the filing of the complaint and state the date that the complaint was accepted for filing;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Include a copy of the complaint;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Advise the aggrieved person of the time limits applicable to complaint processing and of the procedural rights and obligations of the aggrieved person under these regulations;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Advise the aggrieved person of the right to commence a civil action under State Government Article, §20-1035, Annotated Code of Maryland, in an appropriate State court, not later than 2 years after the occurrence or termination of the alleged discriminatory housing practice, noting that:</text>
        <paragraph num="(i)">
          <text>The computation of this 2-year period excludes any time during which an administrative proceeding is pending with respect to a complaint or charge based on the alleged discriminatory housing practice; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The time period includes the time during which an action arising from a breach of conciliation agreement under Regulation .13 of this chapter, and State Government Article, §20-1024, Annotated Code of Maryland, is pending; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(e)">
        <text>Advise the aggrieved person that retaliation against a person because the person made a complaint, testified, assisted, or participated in an investigation or conciliation under these regulations is a discriminatory housing practice that is prohibited by State Government Article, Title 20, Annotated Code of Maryland.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Notification of Respondent; Joinder of Additional or Substitute Respondents.</text>
    <paragraph num="(1)">
      <text>Within 10 days of the filing of a complaint or the filing of an amended complaint, including authorization, the Commission will serve a notice on each respondent by certified mail or personal service.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A person who is not named as a respondent in the complaint, but who is identified in the course of the investigation as a person who is alleged to be engaged or to have engaged in the discriminatory housing practice upon which the complaint is based, may be joined as an additional or substitute respondent by service of a notice on the person under this regulation within 10 days of the identification.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>At a minimum, the notice shall:</text>
      <paragraph num="(a)">
        <text>Identify the alleged discriminatory housing practice upon which the complaint is based, and include a copy of the complaint;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>State the date that the complaint was accepted for filing;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Advise the respondent of the time limits applicable to complaint processing under this chapter and of the procedural rights and obligations of the respondent under State Government Article, §§20-701—20-710 and 20-1020—20-1037, Annotated Code of Maryland, including the opportunity to submit an answer to the complaint within 10 days of the receipt of the notice;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Advise the respondent of the aggrieved person's right to commence a civil action in an appropriate State court, not later than 2 years after the occurrence or termination of the alleged discriminatory housing practice and state:</text>
        <paragraph num="(i)">
          <text>The computation of this 2-year period excludes any time during which an administrative proceeding is pending with respect to a complaint or charge based on the alleged discriminatory housing practice; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The time period includes the time during which an action arising from a breach of a conciliation agreement under State Government Article, §20-1024, Annotated Code of Maryland, is pending;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(e)">
        <text>If the person is not named in the complaint, but is being joined as an additional or substitute respondent, explain the basis for the Commission's belief that the joined person is properly joined as a respondent;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Advise the respondent that retaliation against a person because the person made a complaint, testified, assisted, or participated in an investigation or conciliation is a discriminatory housing practice that is prohibited under State Government Article, Title 20, Annotated Code of Maryland, and these regulations; and</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Invite the respondent to enter into a conciliation agreement for the purpose of resolving the complaint.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Answer to Complaint.</text>
    <paragraph num="(1)">
      <text>The respondent may file an answer not later than 10 days after receipt of the notice described in §C of this regulation.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The respondent may assert any defense that might be available to a defendant in a court of law.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The answer shall be signed and affirmed by the respondent.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The affirmation shall state: “I declare under the penalty of perjury that the foregoing is true and correct”.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>An answer may be reasonably and fairly amended at any time with the consent of the Executive Director or designee.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Withdrawal. A complaint filed by or on behalf of an aggrieved person may be withdrawn in writing at any time by the aggrieved person who filed the complaint.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Administrative Closure — Notice and Reopening.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Written notice of the administrative closure shall be provided to the complainant at the last known address informing the complainant of the right to object to this closure within 15 days of the date on which the notice was mailed.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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 make a determination.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>In the absence of a timely objection, the Executive Director or designee shall close the complaint and so mark the subject case file.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Written notice of the closure shall be sent to the respondent upon whom the complaint was served.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>In those cases when a complaint has been withdrawn by a complainant, the 15-day notice provision to the complainant is not required.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>A request to reopen a case administratively closed for lack of information establishing the whereabouts of the complainant that is received beyond the time for objecting specified in §F(2) of this regulation shall be considered only upon a showing of good cause made by the complainant.</text>
    </paragraph>
  </paragraph>
</regulation>