Md. Code Regs. 14.03.01.08

Current through Register Vol. 51, No. 8, April 19, 2024

Section 14.03.01.08 - 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 to believe that a discriminatory act has occurred.

(2) The probable cause determination shall be based solely on the facts concerning the alleged discriminatory act, provided by the complainant and respondent and otherwise, disclosed during the investigation.

(3) If the Commission determines that probable cause exists, the Commission shall immediately give notice to the complainant, the aggrieved person, and the respondent of this determination.

(4) If the Commission determines that no probable cause exists, the Commission shall immediately give notice to the complainant, the aggrieved person, and the respondent of this determination.

(5) A final written finding may be amended at any time, if additional information is discovered.

C. Reconsideration.

(1) If the findings conclude that there is no probable cause to believe that a discriminatory act has been or is being committed, the complainant shall be given the opportunity to apply to the Commission's Executive Director or designee for reconsideration of the Commission's written findings and recommendations.

(2) Reconsideration Process.

(a) The application and authority shall be in writing and shall state specifically the grounds upon which it is based.

(b) The application and authority shall be filed with the Executive Director or designee within 15 days from the date on which the findings were mailed to the complainant.

(c) Written notice that the complainant has requested reconsideration shall be given promptly to the respondent.

(d) Not later than 30 days after receipt of an application, the Executive Director or designee shall review the entire file, including the request for reconsideration, and may:

(i) Grant or deny the application for reconsideration; and

(ii) Issue an order the Executive Director or designee considers appropriate.

(e) Not later than 30 days after making a determination, the Executive Director or designee shall notify the complainant and respondent in writing of the determination, and do one of the following:

(i) If the application for reconsideration is granted, remand the matter to the investigative staff for the appropriate action; or

(ii) If the application for reconsideration is not granted, administratively close the case.

D. The times set forth in §C of this regulation may be extended by the Executive Director or deputy director for good cause.

Md. Code Regs. 14.03.01.08

Regulation .08 amended effective April 6, 1979 (6:7 Md. R. 579); October 30, 1989 (16:21 Md. R. 2263)