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<regulation prefix="Regulation" num=".13" citation="COMAR 14.03.04.13" title_num="14" subtitle_num="03" chapter_num="04" heading="Conciliation Process.">
  <paragraph num="A.">
    <text>Conciliation.</text>
    <paragraph num="(1)">
      <text>During the period beginning with the initial filing of a complaint and ending with the certification of the file for processing for hearing or dismissal of the complaint, the Commission shall, to the extent feasible, attempt to conciliate the complaint.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Written notice of the opportunity to conciliate shall be provided to the parties.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>In conciliating a complaint, the Commission shall attempt to achieve a just resolution of the complaint and to obtain assurances that the respondent will satisfactorily remedy any violations of the rights of the aggrieved person, and take such action as well as assure the elimination of discriminatory housing practices, or the prevention of their occurrence in the future.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Conciliation Agreement.</text>
    <paragraph num="(1)">
      <text>The terms of a settlement of a complaint will be reduced to a written conciliation agreement.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The conciliation agreement shall seek to protect the interests of the aggrieved person, other persons similarly situated, and the public interest.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The types of relief that may be sought for the aggrieved person are described in §C of this regulation.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The provisions that may be sought for the vindication of the public interest are described in Regulation .17B(3) of this chapter.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The agreement shall be executed by the respondent and the complainant.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The agreement is subject to the approval of the Executive Director or designee who shall indicate approval by signing the agreement.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>The Executive Director or designee shall approve an agreement and shall execute the agreement only if:</text>
      <paragraph num="(a)">
        <text>The complainant and the respondent agree to the relief accorded the aggrieved person; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The provisions of the agreement will adequately vindicate the public interest.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Relief Sought for Aggrieved Persons.</text>
    <paragraph num="(1)">
      <text>Administrative Relief. In conciliation, the Commission may seek any relief in accordance with Regulation .17B of this chapter.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Arbitration.</text>
      <paragraph num="(a)">
        <text>The conciliation agreement may provide for binding arbitration of the dispute arising from the complaint.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Arbitration may award appropriate relief as described in §C(1) of this regulation.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The aggrieved person and the respondent may, in the conciliation agreement, limit the types of relief that may be awarded under binding arbitration.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Termination of Conciliation Efforts—Respondent's Actions.</text>
    <paragraph num="(1)">
      <text>The Commission may terminate its efforts to conciliate if a respondent fails or refuses to confer with the Commission's staff, or fails or refuses to negotiate in good faith to resolve the dispute.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If a written finding of probable cause has been issued, the Executive Director or designee may terminate the efforts to conciliate, notify the parties that conciliation has failed, and certify the case for public hearing as set forth in Regulation .14 of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Termination of Conciliation Efforts—Complainant's Actions.</text>
    <paragraph num="(1)">
      <text>The Executive Director or designee may administratively close a case if the complainant:</text>
      <paragraph num="(a)">
        <text>Fails to negotiate in good faith; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Rejects an offer of settlement or compromise made by the respondent, in a formal offer of settlements, which provides the complainant with the full relief which is available under the laws enforced by the Commission.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Before administratively closing the case, the Executive Director or designee shall:</text>
      <paragraph num="(a)">
        <text>Provide written notice to the complainant;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Give the complainant 15 days after the mailing of the notice to object in writing and give reasons why the case should not be administratively closed;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Consider the objections filed by the complainant;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Administratively close the case if no objections are filed; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Promptly notify both the complainant and respondent of the determination.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>When the aggrieved person has commenced a civil action under federal law or State law seeking relief with respect to the alleged discriminatory housing practice, and the trial in the action has commenced, the Commission will terminate conciliation unless the court specifically requests assistance from the Commission.</text>
  </paragraph>
  <paragraph num="G.">
    <text>Prohibitions and Requirements—Disclosure of Information Obtained During Conciliation.</text>
    <paragraph num="(1)">
      <text>Except as provided in §G(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 or civil action under State Government Article, Title 20, Annotated Code of Maryland, without the written consent of the persons concerned.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Conciliation agreements shall be made public, unless the aggrieved person and respondent request nondisclosure and the Commission determines that disclosure is not required to further the purposes of the Fair Housing Law.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Notwithstanding a determination that disclosure of a conciliation agreement is not required, the Commission may publish tabulated descriptions of the results of all conciliation efforts.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>Review of Compliance with Conciliation Agreements.</text>
    <paragraph num="(1)">
      <text>The Commission may, from time to time, review compliance with the terms of any conciliation agreements.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Whenever the Commission has reasonable cause to believe that a respondent has breached a conciliation agreement, the Commission through its general counsel may file a civil action for the enforcement of the terms of the conciliation agreement.</text>
    </paragraph>
  </paragraph>
  <paragraph num="I.">
    <text>Order of the Commission. An agreement resulting from conciliation shall be executed on behalf of the Commission by the Executive Director or designee and shall constitute an order of the Commission as provided by law.</text>
  </paragraph>
</regulation>