Md. Code Regs. 14.03.05.11

Current through Register Vol. 51, No. 25, December 13, 2024

Section 14.03.05.11 - Conciliation Process

A. Upon a written finding of probable cause, the Commission, the complainant, and the respondent shall enter the conciliation process.

B. Written notice of the opportunity to conciliate shall be provided to the parties.

C. Termination of Conciliation Efforts-Respondent's Actions.

(1) The Commission may terminate its efforts to conciliate if a respondent fails or refuses to:

(a) Confer with Commission staff; or

(b) Negotiate in good faith to resolve the dispute.

(2) If the prerequisites listed in §C(1) of this regulation are met, the Executive Director or designee may:

(a) Terminate the efforts to conciliate;

(b) Notify the parties that conciliation has failed; and

(c) Certify the case for public hearing as set forth in Regulation .13 of this chapter.

D. Termination of Conciliation Efforts-Complainant's Actions.

(1) The Executive Director or designee may administratively close a case if the complainant:

(a) Fails to negotiate in good faith; or

(b) Rejects an offer of settlement or compromise made by the respondent, in a formal offer of settlement, which provides the complainant with the full relief which is available under State Finance and Procurement Article, §§ 19-108(d) and 19-110, Annotated Code of Maryland.

(2) Before administratively closing the case, the Executive Director or designee shall:

(a) Provide written notice to the complainant;

(b) 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;

(c) Consider the objections filed by the complainant;

(d) Administratively close the case, if no objections are filed; and

(e) Promptly notify both the complainant and the respondent of the determination.

E. Prohibitions and Requirements-Disclosure of Information Obtained During Conciliation.

(1) Except as provided in §E(2) of this regulation, nothing that is said or done in the course of conciliation under this regulation shall be made public or used as evidence in a subsequent administrative hearing under State Finance and Procurement Article, § 19-109, Annotated Code of Maryland, without written consent of the persons concerned or as otherwise permitted by law.

(2) Conciliation agreements shall be made public unless:

(a) The aggrieved person and respondent request nondisclosure; and

(b) The Commission determines that disclosure is not required to further the purposes of State Finance and Procurement Article, §§ 19-101 -19-120, Annotated Code of Maryland.

(3) 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.

F. Review of Compliance with Conciliation Agreement.

(1) The Commission may review compliance with the terms of any conciliation agreement.

(2) Whenever the Commission has reasonable cause to believe that a respondent has breached a conciliation agreement, the Commission general counsel may file a civil action for the enforcement of the terms of the conciliation agreement.

G. 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 a final order of the Commission as provided by law.

Md. Code Regs. 14.03.05.11