Md. Code Regs. 14.03.01.03

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

Section 14.03.01.03 - 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 filed at the offices of the Commission in person, by registered, certified, or regular mail, facsimile or other electronic media, or by delivery to any duly appointed representative of the Commission.

(2) Complaints Initiated by Telephone.

(a) Complaints may be initiated by telephone to the Commission.

(b) If a complaint is initiated by telephone, the Commission shall:

(i) Reduce information provided by telephone to writing on the prescribed complaint form; and

(ii) Send the complaint form to the aggrieved person to be signed and affirmed as provided in §D of this regulation.

(c) A telephone-initiated complaint is considered filed only upon receipt of the form or a signed writing.

C. When Filed.

(1) Individual complaints, except those involving allegations of housing discrimination, shall be filed within 6 months from the date of the occurrence of the alleged unlawful discrimination.

(2) If the alleged unlawful discrimination practice is of a continuing nature, the date of the occurrence of this unlawful discrimination is considered to be any date up to and including that date on which the unlawful practice shall have ceased.

(3) An individual complaint filed with a federal or a local commission within the 6-month period required under §C(1) of this regulation shall be deemed as being a timely filing in compliance with that requirement.

D. Form and Content of Complaint.

(1) The original complaint and two additional copies shall be signed and affirmed by the complainant or, if the complaint is filed by the Commission, in accordance with Regulation .11 of this chapter.

(2) An individual complaint may be filed on a form provided by the Commission.

(3) Complaint forms will be made available to all persons at the office of the Commission in Baltimore, Maryland or other offices within the State which may be established.

(4) Appropriate assistance in filling out forms will be rendered to complainants or to persons filing on behalf of a complainant, by personnel of the Commission.

(5) Complaints filed on forms provided by other local commissions, including federal civil rights agencies, shall be considered complaints filed with the Commission.

(6) Notwithstanding the requirement for using a required form, the Commission will accept a written statement which substantially sets forth the allegations of a discriminatory practice under State Government Article, Title 20, Annotated Code of Maryland.

(7) Each complaint shall contain substantially the following information:

(a) The name and address of the complainant;

(b) The name and address of the respondent; and

(c) A concise statement of facts including pertinent dates, constituting the alleged discriminatory practice.

E. Amendment of Complaint.

(1) A complaint may be reasonably and fairly amended at any time.

(2) The amendments may include but are not limited to amendments to:

(a) Cure technical defects or omissions, including failure to sign or affirm the complaint;

(b) Clarify and amplify any allegation made in the complaint;

(c) Join additional or substitute respondents; or

(d) Allege additional acts which constitute discriminatory practices under State Government Article, Title 20, Annotated Code of Maryland, which relate back to or grow out of the subject matter of the original complaint.

(3) All amendments shall relate back to the original filing date.

Md. Code Regs. 14.03.01.03

Regulation .03 amended effective October 30, 1989 (16:21 Md. R. 2263)
Regulation .03C, D amended effective April 6, 1979 (6:7 Md. R. 579)