Md. Code Regs. 14.03.01.09

Current through Register Vol. 51, No. 7, April 5, 2024

Section 14.03.01.09 - 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 to negotiate in good faith to resolve the dispute.

(2) If a written finding of probable cause has been issued, the Executive Director or designee may terminate the efforts to conciliate, notify the parties that conciliation has failed, and certify the case for public hearing as set forth in Regulation .10 of this chapter.

C. Termination of Conciliation Efforts-Complainant's Actions.

(1) The Executive Director or designee may administratively close a case if the complainant:

(a) Fails to negotiate in good faith; or

(b) Rejects an offer of settlement or compromise made by the respondent, in a formal offer of settlements, which provides the complainant with the full relief which is available under the laws enforced by the Commission.

(2) Before administratively closing the case, the Executive Director or designee shall:

(a) Provide written notice to the complainant;

(b) Give the complainant 15 days after the mailing of the notice to object in writing and give reasons why the case should not be administratively closed;

(c) Consider the objections filed by the complainant;

(d) Administratively close the case if no objections are filed; and

(e) Promptly notify both the complainant and respondent of the determination.

D. Prohibitions and Requirements - Disclosure of Information Obtained During Conciliation.

(1) Except as provided in §C(2) of this regulation, nothing that is said or done in the course of conciliation under this regulation may be made public or used as evidence in a subsequent administrative hearing under State Government Article, Title 20, Annotated Code of Maryland, without written consent of the persons concerned or as otherwise permitted by law.

(2) Conciliation agreements shall be made public, unless the aggrieved person and respondent request nondisclosure and the Commission determines that disclosure is not required to further the purposes of State Government Article, Title 20, Annotated Code of Maryland.

(3) Notwithstanding a determination that disclosure of a conciliation agreement is not required, the Commission may publish tabulated descriptions of the results of all conciliation efforts.

E. Review of Compliance with Conciliation Agreements.

(1) The Commission may, from time to time, review compliance with the terms of any conciliation agreement.

(2) Whenever the Commission has reasonable cause to believe that a respondent has breached a conciliation agreement, the Commission general counsel may file a civil action for the enforcement of the terms of the conciliation agreement.

F. Order of the Commission. An agreement resulting from conciliation shall be executed on behalf of the Commission by the Executive Director or designee and shall constitute an order of the Commission as provided by law.

Md. Code Regs. 14.03.01.09

Regulation .09 amended effective October 30, 1989 (16:21 Md. R. 2263)
Regulation .09A amended effective September 14, 1981 (8:18 Md. R. 1480)
Regulation .09B amended effective April 6, 1979 (6:7 Md. R. 579)