Md. Code Regs. 14.03.01.04

Current through Register Vol. 51, No. 22, November 1, 2024

Section 14.03.01.04 - Complaint Processing

A. Review and Authorization. After the filing of a complaint, the Executive Director or designee shall:

(1) 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;

(2) In cases where the complaint is acceptable, authorize an investigation by dating and signing the complaint; or

(3) In cases where the complaint is rejected and not susceptible to amendment, serve notice on the complainant stating the reasons for the rejection.

B. Notice.

(1) After the authorization of an individual complaint by the Executive Director or designee, as set forth in §A of this regulation, and not more than 120 days from the date on which this complaint was filed, the Commission staff shall provide notice of it by serving a copy of the complaint upon the respondent.

(2) The notice shall:

(a) Acknowledge the filing of the complaint and state the date that the complaint was accepted for filing;

(b) Include a copy of the complaint;

(c) Advise the respondent of the time limits applicable to complaint processing and of the procedural rights and obligations of the respondent under these regulations; and

(d) Advise the respondent that retaliation against an individual because the individual made a complaint, testified, assisted, or participated in an investigation or conciliation under these regulations is a discriminatory practice that is prohibited by Article 49B, Annotated Code of Maryland.

C. Answer to Complaint.

(1) The respondent may file an answer not later than 30 days after receipt of the notice described in §B of this regulation.

(2) The respondent may assert any defense that might be available to a defendant in a court of law.

(3) The answer shall be signed and affirmed by the respondent.

(4) The affirmation shall state: "I declare under the penalty of perjury that the foregoing is true and correct."

(5) An answer may be reasonably and fairly amended at any time with the consent of the Executive Director or designee.

D. Withdrawal. A complaint filed by or on behalf of any aggrieved person may be withdrawn in writing at any time by the aggrieved person or person who filed the complaint.

E. Administrative Closure-Notice and Reopening.

(1) 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.

(2) Notice of Administrative Closure.

(a) Written notice of the administrative closure shall be provided to the complainant's last known address, informing the complainant of the right to object to this closure within 15 days of the date on which this notice was mailed.

(b) If the complaint is withdrawn by the complainant, the 15-day notice provision to the complainant is not required.

(c) Written notice of the closure shall be sent to the respondent upon whom the complaint has been served.

(3) Objection to Administrative Closure.

(a) 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 shall make a determination.

(b) In the absence of a timely objection, the Executive Director or designee shall close the complaint and mark the case file as administratively closed.

(4) Request to Reopen Complaint.

(a) A request to reopen a complaint administratively closed for lack of information establishing the whereabouts of the complainant that is received beyond the time for objecting specified in §D(2) of this regulation shall be considered only upon a showing of good cause made by the complainant.

(b) Factors to be considered in determining whether good cause exists include but are not limited to:

(i) The amount of time elapsed since the complainant last had contact with the Commission;

(ii) The circumstances surrounding the complainant's failure to inform the Commission of their whereabouts; and

(iii) Prejudice to the respondent.

F. Dismissal of Proceedings. As to cases which have not been filed with the Office of Administrative Hearings pursuant to Regulation .10B of this chapter, after notifying the complainant and respondent, the Executive Director or designee may dismiss without prejudice, at any stage of the proceedings, a case filed with the Commission, when the complainant has instituted an action in federal district court or State court alleging unlawful discrimination based on the same facts as those alleged in the complaint filed with the Commission.

Md. Code Regs. 14.03.01.04