Regulation .03 Preliminary Inquiry.
Regulation .03 Preliminary Inquiry.LinkCopy Citation
A.
The Commission may consider as a preliminary inquiry any matter that:
(1)
Arises from any source, including the consideration of an advisory opinion;
(2)
Involves past or ongoing conduct; and
(3)
Presents a possible violation of General Provisions Article, Title 5, Annotated Code of Maryland.
B.
The staff counsel shall, upon the direction of the Commission:
(1)
Collect and review information pertaining to a preliminary inquiry; and
(2)
Present this information to the Commission for its consideration.
C.
The Commission may close a preliminary inquiry without issuing a complaint if the Commission determines that:
(1)
The matter is not within the jurisdiction of the Commission;
(2)
The information presented does not support the filing of a complaint; or
(3)
Based on all the circumstances presented, further enforcement proceedings would not serve the purposes of General Provisions Article, Title 5, Annotated Code of Maryland.
D.
A preliminary inquiry may also be closed by:
(1)
Docketing the matter for consideration as an advisory opinion pursuant to COMAR 19A.01.02;
(2)
Letter or other informal advice; or
(3)
Other resolution agreed to by the subject.