<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".07" citation="COMAR 14.37.02.07" title_num="14" subtitle_num="37" chapter_num="02" heading="Conduct of Ombudsman.">
  <paragraph num="A.">
    <text>The Ombudsman shall read and, consistent with State law, shall abide by the Standards of Conduct for Mediators during the mediation process.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The Ombudsman shall remain neutral, impartial, and independent during the mediation process.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Conflicts of Interest.</text>
    <paragraph num="(1)">
      <text>The Ombudsman shall disclose to the parties all actual and potential conflicts of interest reasonably known to the Ombudsman.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Notwithstanding an actual or potential conflict of interest, the Ombudsman may proceed to attempt to resolve a dispute if:</text>
      <paragraph num="(a)">
        <text>The Ombudsman is able to conduct the mediation in a neutral, impartial, and independent manner; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The applicant and custodian have consented to proceed in writing.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>If the Ombudsman is unable to proceed in a neutral, impartial, and independent manner, or if the parties have not consented to proceed in light of an actual or potential conflict, then the Ombudsman shall:</text>
      <paragraph num="(a)">
        <text>Withdraw from that mediation; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Issue a final determination as provided in Regulation .11 of this chapter stating that the dispute was not resolved through the Ombudsman due to conflict.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>If the Ombudsman withdraws from a mediation due to conflict, the Ombudsman may suggest to the parties an alternative dispute resolution resource.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>In addition to or in lieu of mediation, the Ombudsman may engage in other reasonable efforts to resolve or prevent a dispute or potential dispute, such as by answering questions about the Act, by providing trainings on the Act, and by engaging in preliminary conversations with an applicant or custodian about the subject of a dispute or potential dispute.</text>
  </paragraph>
</regulation>