Skip to Main Content
<< Back | Return to Main COMAR Search Page

24 records match your request.

FileAbstract
14.03.01.00.htm 14.03.01.00. Title 14 INDEPENDENT AGENCIES Subtitle 03 COMMISSION ON HUMAN RELATIONS Chapter 01 Rules of Procedure; Public Hearing Process Authority: State Government Article, §10-204, 10-304, 20-207(f) and 20-1006―20-1015, Annotated Code of Maryland
14.03.01.01.htm 14.03.01.01. 01 Applicability.. The rules of procedure provided in this chapter apply to the processing of complaints of discrimination under the provisions of State Government Article, Title 20, Annotated Code of Maryland, except for those covered under the “Discrimination in Housing” subtitle, State Government Article, Title 20, Subtitle 7, Annotated Code of Maryland.
14.03.01.02.htm 14.03.01.02. 02 Definitions.. A. Complaint.. 1) “Complaint” is a written statement by a person or by the Commission alleging an act of discrimination prohibited by State Government Article, Title 20, Annotated Code of Maryland, or any other statute administered or enforced by the Commission under the laws of Maryland.2) No particular language or allegations may be required in a complaint for its filing, provided that its language is sufficient to apprise a reasonable person that such an ac
14.03.01.03.htm 14.03.01.03. 03 Complaint Filing.. A. Who May File.. 1) Any person or organization whose membership includes any person or persons, who claim to have been aggrieved by an act or acts of unlawful discrimination prohibited by State Government Article, Title 20, Annotated Code of Maryland, may file a complaint with the Commission.2) The Commission may file a complaint in accordance with State Government Article, Title 20, Annotated Code of Maryland.B. Manner of Filing.. 1) Complaints shall be fi
14.03.01.04.htm 14.03.01.04. 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; or3) In cases where the complaint is rejected and no
14.03.01.05.htm 14.03.01.05. 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 n
14.03.01.06.htm 14.03.01.06. 06 Default Procedures.. A. Interrogatories ― Default Procedure.. 1) If, after a respondent has been served with duly authorized interrogatories together with a notice of the consequences of the failure to answer them, the respondent fails either to answer the interrogatories or to file a motion to strike or exceptions to the interrogatories within the time specified, the Executive Director or designee shall serve or cause to be served upon the respondent the following notice:
14.03.01.07.htm 14.03.01.07. 07 Negotiated Settlement.. A. Purpose. In the interest of promoting a prompt and just resolution of complaints brought, parties to a complaint are encouraged to enter into a settlement agreement.B. How Commenced.. 1) At any time before the issuance of written finding of facts, either party to a complaint may request that negotiations be entered.2) Upon receipt of this request, the Executive Director or designee shall attempt to initiate these negotiations by arranging
14.03.01.08.htm 14.03.01.08. 08 Completion of Investigation.. A. Written Findings.. 1) The results of the staff's investigation shall be set forth in a written report entitled "written findings" which shall chronicle the facts found to exist and the conclusions drawn.2) The findings shall be served on all parties to the complaint.. B. Probable Cause.. 1) The Commission shall determine whether, based on the totality of the factual circumstances known at the time of the decision, probable cause exists
14.03.01.09.htm 14.03.01.09. 09 Conciliation Process.. A. Conciliation.. 1) Upon a written finding of probable cause, the Commission, the complainant, and the respondent shall enter the conciliation process.2) Written notice of the opportunity to conciliate shall be provided to the parties.. B. Termination of Conciliation Efforts ― Respondent's Actions.. 1) The Commission may terminate its efforts to conciliate if a respondent fails or refuses to confer with the Commission's staff, or fails or refuses
14.03.01.10.htm 14.03.01.10. 10 Public Hearings ― Certification and Preliminary Proceedings.. A. Certification of File.. 1) Upon failure of conciliation, the Executive Director or designee shall certify the case for public hearing. 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.2) Upon certification of the file, the Executive Director or designee shall so notify the parties to
14.03.01.11.htm 14.03.01.11. 11 Administrative Hearing Proceedings.. A. General Information.. 1) Location of Hearing. An administrative law judge shall conduct the hearing at a place in Baltimore City or the county in which the discriminatory practice is alleged to have occurred.2) The administrative law judge shall conduct the hearing in accordance with COMAR 28.02.01.07, and State Government Article, §20-1008(a) Annotated Code of Maryland.3) Time Computations.. a) Time computations unde
14.03.01.12.htm 14.03.01.12. 12 Review by the Appeal Board of Decisions of the Administrative Law Judge.. A. Notice of Appeal.. 1) An appeal may be taken by the Commission, the respondent, or the complainant.. 2) An appeal to the Appeal Board of the Commission shall be taken by filing with the administrative law judge a written notice of appeal within 30 days from the date of the delivery of the decision to the appealing party.3) This notice shall be sufficient if it is titled and captioned in the sam
14.03.01.13.htm 14.03.01.13. 13 Election of a Civil Action.. A. Right to Election of a Civil Action.. 1) A complainant or respondent may elect to have the Commission assert the claim in a civil action, pursuant to State Government Article, §20-1007, Annotated Code of Maryland, in lieu of an administrative action, pursuant to State Government Article, §20-1008, Annotated Code of Maryland.2) The complainant or respondent shall make an election of civil action not later than 30 days after receipt of notice of opp
14.03.01.14.htm 14.03.01.14. 14 Private Right of Action.. A. Right to Private Right of Action. Pursuant to State Government Article, §20-1013, Annotated Code of Maryland, a complainant may file a private right of action against the respondent in the circuit court of Baltimore City or the county where the alleged discriminatory act occurred.B. A complainant may file a private right of action if:. 1) The complainant initially filed a timely administrative charge or complaint under federal, State,
14.03.01.15.htm 14.03.01.15. 15 Special Provisions for the Commission-Initiated Complaints.. A. The Commission may make and file a complaint in its name in the same manner as if the complaint had been filed by an individual or individuals, when it has received reliable information that any person has been engaged or is engaged in an unlawful discriminatory practice in violation of State Government Article, Title 20, Annotated Code of Maryland.B. Initiation of Commission Complaints.. 1) Upon receipt by the Co
14.03.01.16.htm 14.03.01.16. 16 Investigatory Hearings by Commissioners.. A. General.. 1) When a problem of racial discrimination arises, the Commission immediately may hold an investigatory hearing.2) The purpose of the investigatory hearing shall be to resolve the problem promptly by the gathering of all facts from all interested parties and making the recommendations as may be necessary.3) The place of the hearing shall be in the area where the problem exists.. B. Preliminary Investigations..
14.03.01.17.htm 14.03.01.17. 17 Declaratory Rulings.. A. General.. 1) An interested person may submit to the Commission a petition for a declaratory ruling with respect to the manner in which the Commission would apply the provisions of State Government Article, Title 20, Annotated Code of Maryland, to a person on the facts set forth in the petition.2) The Commission may, in its sound discretion, declare whether any policy, practice, or conduct constitutes or would constitute unlawful discriminati
14.03.01.18.htm 14.03.01.18. 18 Public Information Act Requests.. A. General.. 1) This regulation sets out the procedures for filing requests with the Maryland Commission on Human Relations for the inspection and copying of records under the Public Information Act, State Government Article, §10-611―10-630, Annotated Code of Maryland.2) It is the policy of the Commission to facilitate public access to the records of the Commission, when that access is allowed by law, by minimizing costs and time delays to
14.03.01.19.htm 14.03.01.19. 19 Application and Processing of Public Information Act Requests.. A. Applications.. 1) A person or governmental unit that wishes to inspect a public record shall submit a written application to the custodian.2) If the individual to whom the application is submitted is not the custodian of the record, within 10 working days after receiving the application, the individual shall give the applicant notice of that fact and, if known, shall provide the name of the custodian and the lo
14.03.01.20.htm 14.03.01.20. 20 Review of the Denial of Public Information Act Request.. A. Request for Review.. 1) If a written application is denied by the custodian for a reason other than that the record is temporarily unavailable, the applicant may, within 30 days after receipt of the notice of the denial, request administrative review of the denial, as described in §A(2) of this regulation.2) An applicant shall request administrative review of denial of an application for information by f
14.03.01.21.htm 14.03.01.21. 21 Amendments to These Regulations.. A. Process.. 1) Pursuant to State Government Article, §10-123, Annotated Code of Maryland (Administrative Procedure Act) an interested person may petition this agency requesting the promulgation, amendment, or repeal of any regulation.2) Within 60 days after receipt of the petition, the Commission will either deny the petition in writing, stating the reasons for the denial, or initiate the rule-making proceedings which would accomp
14.03.01.22.htm 14.03.01.22. 22 State Waiver of Sovereign Immunity.. A. If an award is made against the State under this title, the State shall pay the award as soon as practicable within 20 days after the award is final, provided that the State has sufficient money available at the time an award is made.B. Payment of an award made against the State under this title shall be made in accordance with State Government Article, §20-904, Annotated Code of Maryland.
14.03.01.9999.htm 14.03.01.9999. Administrative History Effective date:. Chapter adopted as an emergency provision effective December 6, 1977 (4:27 Md. R. 2096). Chapter adopted effective April 21, 1978 (5:8 Md. R. 595). Regulation .01 amended effective October 30, 1989 (16:21 Md. R. 2263). Regulation .02 amended effective April 6, 1979 (6:7 Md. R. 579) October 30, 1989 (16:21 Md. R. 2263). Regulation .02E amended as an emergency provision effective July 30, 1991 (18:17 Md. R. 1913) emerge
<< Back | Return to Main COMAR Search Page