Md. Code Regs. 14.03.01.05

Current through Register Vol. 51, No. 21, October 18, 2024

Section 14.03.01.05 - Investigative Process

A. 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.

B. Systemic Processing.

(1) The Executive Director or designee may identify the complaint for systemic processing when the Executive Director or designee determines that:

(a) The alleged discriminatory practices contained in a complaint are pervasive or institutional in nature;

(b) The processing of the complaint will involve complex issues, novel questions of law or fact; or

(c) A large number of persons will be affected.

(2) 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.

(3) 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.

C. Conduct of Investigation.

(1) 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:

(a) Defining the issues contained in a complaint;

(b) Determining which elements are undisputed; and

(c) Resolving those issues which are susceptible of resolution and ascertaining whether or not there is a basis for a negotiated settlement of the complaint.

(2) Request for Information.

(a) 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.

(b) The request for information shall be accompanied by the following:

(i) A copy of the charge; and

(ii) The date on which the response shall be submitted.

(c) Additional requests for information may be made to further the investigation.

(3) Interrogatories-Content and Response.

(a) 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.

(b) These interrogatories shall be accompanied by the following:

(i) 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

(ii) 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.

(c) The interrogatories shall be answered within the time prescribed in the accompanying notice and shall be under oath.

(d) Time extensions may be granted for good cause shown and upon a written request submitted to the Commission's Executive Director or designee.

(e) 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.

(f) Motion to Strike or Exceptions.

(i) 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.

(ii) The motion or exceptions shall state the reason or reasons therefore and shall be supported by a memorandum of points and authorities.

(iii) The Executive Director or designee will rule on the motion papers without oral argument.

(iv) 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.

(v) 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.

(4) Investigatory Subpoena.

(a) 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.

(b) Service of this subpoena shall be made in accordance with State Government Article, Title 20, Annotated Code of Maryland.

(c) The subpoena shall contain the following:

(i) The name of the person whose testimony is required, identification of the books, papers, records, and documents to be submitted, or all of these;

(ii) 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;

(iii) The signature of the Executive Director authorizing the issuance of this subpoena.

(d) 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.

Md. Code Regs. 14.03.01.05

Regulations .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)
Regulation .05 amended effective October 30, 1989 (16:21 Md. R. 2263)
Regulation .05B amended effective April 6, 1979 (6:7 Md. R. 579)