Md. Code Regs. 14.03.05.13

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

Section 14.03.05.13 - Certification for Hearing and Preliminary Proceedings

A. Certification of File.

(1) Upon receipt of a request for a contested case hearing, the Executive Director or designee shall certify the case for public hearing.

(2) An entry identifying this case shall be logged in the Commission's official docket book, which shall be maintained by the Executive Director for cases pending public hearing.

(3) The Executive Director or designee shall forward the certified file to the Commission's General Counsel for further processing.

(4) The General Counsel, on review of a file so certified, may remand the case to the Executive Director or designee for:

(a) Further investigation and, in this case, shall state clearly the issues requiring further investigative proceedings; or

(b) Review of the findings and, in this case, shall state clearly the reason for the review.

B. Statement of Charges.

(1) For each contested case hearing properly requested, the Commission shall:

(a) File a statement of charges with the Office of Administrative Hearings; and

(b) Request a hearing before an administrative law judge in a manner consistent with the requirements of COMAR 28.02.01.04E.

(2) The statement of charges shall contain:

(a) An allegation that the person on whose behalf the complaint is being issued is a proper complainant within the meaning of State Finance and Procurement Article, § 19-106, Annotated Code of Maryland;

(b) An allegation that the respondent is the proper respondent within the meaning of, and subject to provisions of State Finance and Procurement Article, § 19-102, Annotated Code of Maryland;

(c) A factual allegation or allegations of an unlawful commercial discrimination or retaliation practice or practices; and

(d) A request for relief sought.

C. Answer.

(1) Any answer made to the statement of charges shall be filed within 15 days after service of the statement of charges.

(2) Upon application in writing to the administrative law judge before the end of the 15 days, the administrative law judge may extend the time within which the answer may be filed upon a showing of good cause.

(3) The answer shall be filed with the Office of Administrative Hearings and the original of the answer shall be signed under oath or affirmation of the respondent and shall contain:

(a) The name and address of the respondent;

(b) The name, address, and telephone number of the respondent's attorney, if any;

(c) A specific admission, denial, or assertion that the respondent is without sufficient knowledge or information to form a belief with respect to each and every allegation of the complaint;

(d) A statement of any matter constituting a defense to any allegations in the statement of charges; and

(e) A certification that service of this answer has been made upon all other parties.

(4) Any allegation in the statement of charges which is not denied or admitted in the answer is considered admitted, unless the respondent states in the answer that it is without sufficient knowledge or information to form a belief with respect to this allegation.

(5) Any allegation of new matter contained in the answer is considered denied without the necessity of a reply being filed, unless a reply is ordered by the administrative law judge conducting the hearing.

Md. Code Regs. 14.03.05.13