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14.03.05.00.htm 14.03.05.00. Title 14 INDEPENDENT AGENCIES Subtitle 03 COMMISSION ON HUMAN RELATIONS Chapter 05 Commercial Nondiscrimination Policy Authority: State Finance and Procurement Article, §19-106―19-110, 19-116, and 19-119; State Government Article, §10-204; Annotated Code of Maryland
14.03.05.01.htm 14.03.05.01. 01 Scope.. A. It is the policy of the State not to enter into a contract with any business entity that has discriminated in the solicitation, selection, hiring, or commercial treatment of vendors, suppliers, subcontractors, or commercial customers on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, or disability, or any otherwise unlawful use of characteristics regarding the vendor's, supplier's, or commercial customer'
14.03.05.02.htm 14.03.05.02. 02 Exemptions.. A. This chapter does not apply to:. 1) Any real property acquisition by the State, including property subject to condemnation, other than a lease of real estate for the State's use;2) The settlement of litigation;. 3) The settlement of judicial or administrative enforcement proceedings by or on behalf of the State, except for proceedings to enforce State Finance and Procurement Article, §19-101―19-120, Annotated Code of Maryland; and4) Agreements concerning
14.03.05.03.htm 14.03.05.03. 03 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Administrative law judge" means the individual assigned by the Office of Administrative Hearings to conduct a hearing under this chapter.2) "Aggrieved person" means any business entity that claims to have been injured by a discriminatory commercial practice.3) "Business entity" means any person, as defined in State Finance and Procurement Article, §1-101(d
14.03.05.04.htm 14.03.05.04. 04 Unlawful Practices Generally.. A. Commercial Discrimination Practices Prohibited.. 1) It is unlawful for a business entity that has entered into a contract with the State to discriminate in the solicitation, selection, hiring, or commercial treatment of vendors, suppliers, subcontractors, or commercial customers.2) A business entity may not discriminate on the basis of race, color, religion, ancestry, national origin, sex, age, marital status, sexual orientati
14.03.05.05.htm 14.03.05.05. 05 Commercial Discrimination or Retaliation Complaint―Filing.. A. Who May File. Any business entity who claims to have been aggrieved by an act or acts of unlawful commercial discrimination or retaliation prohibited by State Finance and Procurement Article, §19-101―19-120, Annotated Code of Maryland, may file a complaint with the Commission.B. Persons Against Whom Complaint May Be Filed. A complaint may be filed against any business entity that has entered into a
14.03.05.06.htm 14.03.05.06. 06 Commercial Discrimination or Retaliation 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 be issued for reasons of standing of the parties, timeliness of the filing, or other matters upon which its issuance may depend; and2) Do one of the following:. a) If the complaint is acceptable, authorize an investigation by dating and signing the complaint; or
14.03.05.07.htm 14.03.05.07. 07 Mediation Process.. A. Mediation.. 1) To promote a prompt and just resolution of a complaint, parties to a complaint are encouraged to enter into mediation to settle the complaint.2) Before the commencement of an investigation of a complaint, Commission staff shall review the complaint to determine whether mediation would be appropriate.3) The Commission shall provide each party with written notice of the opportunity to mediate.. B. Process.. 1) Participation in media
14.03.05.08.htm 14.03.05.08. 08 Investigative Process.. A. Investigations.. 1) Upon the authorization of a complaint, the Executive Director or designee, within 30 days after the filing of the complaint, shall assign, or cause to be assigned, the investigation of the complaint to an investigative unit.2) Commission staff shall direct and conduct investigations in a manner consistent with State Government Article, §20-207, 20-1005, and 20-1006, Annotated Code of Maryland.3) In determining whether
14.03.05.09.htm 14.03.05.09. 09 Interrogatories ― Default Procedure.. A. 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:Notice is hereby given th
14.03.05.10.htm 14.03.05.10. 10 Completion of Investigation.. A. Written Findings.. 1) The Commission shall set forth the results of its investigation in a written report entitled "written findings" which shall chronicle the facts found to exist and the conclusions drawn.2) The Commission staff shall make an initial finding of each allegation stated in the complaint, to include a finding of:a) Probable cause;. b) No probable cause;. c) False or frivolous;. d) Settled; or. 3) Except as provided in
14.03.05.11.htm 14.03.05.11. 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.
14.03.05.12.htm 14.03.05.12. 12 Request for Contested Case Hearing.. A. Who May Request. A request to submit a matter to an administrative hearing as a contested case hearing under this chapter may be made by a:1) Respondent upon a Commission determination of probable cause for one or more of the allegations stated in the complaint against the respondent, and the failure of timely conciliation; or2) Complainant if the Commission determines that one or more allegations contained in the complaint
14.03.05.13.htm 14.03.05.13. 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 t
14.03.05.14.htm 14.03.05.14. 14 Administrative Hearing Proceedings.. A. General Information.. 1) Scope. This regulation applies only to an administrative law judge adjudication of a request for a contested case hearing filed in accordance with Regulation .12 of this chapter pursuant to State Finance and Procurement Article, §19-109, Annotated Code of Maryland.2) Venue. The Commission may designate the venue for the contested case hearing, taking into consideration the convenience of the parties and the loca
14.03.05.15.htm 14.03.05.15. 15 Administrative Decisions and Orders.. A. Decision of Administrative Law Judge.. 1) In General.. a) At the conclusion of the contested case hearing, the administrative law judge shall issue a written decision and order including findings of fact and conclusions of law upon each material issue of fact and law presented on record.b) A decision and order of the administrative law judge shall be in accordance with COMAR 28.02.01.22.c) The written decision may:.
14.03.05.16.htm 14.03.05.16. 16 Judicial Review and Enforcement of Final Decision and Order.. A. Judicial Review of Final Decision and Order. Any party who, after having exhausted all administrative remedies available, is aggrieved by a final decision of the Commission or the administrative law judge issued under this chapter may seek judicial review pursuant to State Government Article, §10-222, Annotated Code of Maryland.B. Enforcement of Final Decision and Order. Following the issuance of a fin
14.03.05.17.htm 14.03.05.17. 17 Required Language in State Contracts.. Every contract that the State enters into shall contain the commercial nondiscrimination policy clause, as written in State Finance and Procurement Article, §19-116, Annotated Code of Maryland.
14.03.05.18.htm 14.03.05.18. 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 records of the Commission, if that access is allowed by law, by minimizing costs and time delays to person
14.03.05.19.htm 14.03.05.19. 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
14.03.05.20.htm 14.03.05.20. 20 Review of the Denial of Public Information Act Requests.. A. Request for Review.. 1) If a written application is denied by the custodian for a reason other than 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 application for information by fili
14.03.05.9999.htm 14.03.05.9999. Administrative History Effective date: April 7, 2008 (35:7 Md. R. 750). Regulation .01D amended effective April 18, 2011 (38:8 Md. R. 507). Regulation .08A, C amended effective April 18, 2011 (38:8 Md. R. 507). Regulation .09A, H amended effective April 18, 2011 (38:8 Md. R. 507). Regulation .14F amended effective April 18, 2011 (38:8 Md. R. 507). Regulation .15C amended effective April 18, 2011 (38:8 Md. R. 507).
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