Md. Code Regs. 14.03.01.02

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

Section 14.03.01.02 - 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 act has been alleged.

(3) A complaint may be amended as provided in these regulations to include these allegations of specific facts and particulars as will fairly inform the respondent of the unlawful conduct alleged or otherwise to conform the complaint to the requirements of law.

B. "Executive Director" includes the Executive Director, and, in the event of the Executive Director's absence from the offices of the Commission or other temporary inability to fulfill the functions of the Executive Director's office, the Deputy Executive Director. "Executive Director or designee" includes the Executive Director, the Deputy Executive Director, and duly appointed supervisory personnel of the Commission duly acting in a supervisory function.

C. "Human Relations Commission" includes any individual or body duly authorized by statute, ordinance, or other appointment or designation as provided by law, including, but not limited to, city, county, or other local human relations commissions or agencies, charged thereby with the receipt of complaints of unlawful discrimination, and any entity designated by the Governor for the administration of the Code of Fair Practices.

D. "Investigator" means a member of the staff of the Commission presently designated "Human Relations Representative" and all agents of the Commission acting in the same capacity as may be so designated from time to time by the Executive Director or otherwise pursuant to law.

E. Notice. Except where otherwise provided in these regulations, "notice" of any action, decision, or proceeding required by these regulations shall be deemed to have been properly served by:

(1) Mailing by certified or registered mail;

(2) A certification by an agent of the Commission that a document has been mailed; or

(3) Personal delivery to the addressee, such that actual receipt of this notice is made within a reasonably prompt time and within any time period required by these regulations.

F. "Offices of the Commission" means the Commission's offices in Baltimore City and such other offices within the State as may from time to time be established by the Commission.

G. Party. As used in Regulation .10, the word "party" means the Maryland Commission on Human Relations, the respondent, or the complainant. As used in Regulation .11, the word "party" means the Maryland Commission on Human Relations, the respondent, and the complainant, as well as any person clearly identified in the record of the proceedings before the Office of Administrative Hearings as having an interest in the disposition of the complaint.

H. "Person" means one or more individuals, labor unions, partnerships, associations, corporations, successors in interest, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, or receivers.

I. Time.

(1) Days.

(a) In computing any number of "days" described in these regulations or in any Order of the Commission, the day of the act or event after which the designated number of days begins is not included, and Saturdays, Sundays, and State holidays shall be counted only when the period described is more than 7 days.

(b) When the last day computed would fall on a Saturday, Sunday, or State holiday, the period shall extend to the first day thereafter which is not a Saturday, Sunday, or State holiday.

(2) Six Months.

(a) "Six months" means that period of time which begins on the day following the applicable act or event and extends to the day of the sixth month bearing the same calendar number.

(b) When the last mentioned day would fall on a day whose number does not exist in this sixth month, the period shall extend to the applicable number of days in the next month.

(c) When the last day so computed would fall on a Saturday, Sunday, or State holiday, the period shall extend to the first day which is not one of those days.

J. "Proceeding" means a conference, meeting, hearing, investigation, inquiry, or other fact-finding or decision-making procedure, including the dismissal of a complaint.

Md. Code Regs. 14.03.01.02

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); emergency status expired July 1, 1992
Regulations .02E amended as an emergency provision effective January 27, 1981 (8:3 Md. R. 224); emergency status extended to September 4, 1981 (8:13 Md. R. 1136); adopted permanently effective September 14, 1981 (8:18 Md. R. 1480)
Regulations .02 adopted and .03A amended as an emergency provision effective November 18, 1987 (14:25 Md. R. 2657); emergency status extended at 15:13 Md. R. 1549 (Emergency provisions are temporary and not printed in COMAR)