Md. Code Regs. 14.03.04.11

Current through Register Vol. 51, No. 18, September 6, 2024

Section 14.03.04.11 - Complaint Processing

A. Review, Authorization, and Expedition.

(1) After the filing of a housing complaint, the Executive Director or designee shall:

(a) Review the complaint to determine whether it should issue for reasons of standing of the parties, timeliness of the filing, or other matters upon which its issuance may depend;

(b) If the complaint is rejected and not susceptible to amendment, serve notice on the complainant stating the reasons for rejection; and

(c) If the complaint is considered acceptable:

(i) Authorize an investigation by dating and signing the complaint; and

(ii) If the Executive Director or designee determines and states in writing that the complaint should be expedited based on a showing of good cause or because justice requires, expedite the complaint.

(2) If a complaint is expedited under §A(1)(c)(ii) of this regulation, the Executive Director or designee may shorten time frames set forth in Regulation .12 of this chapter.

B. Notification of Aggrieved Person.

(1) Upon the filing of a complaint, the Commission shall give notice to each aggrieved person on whose behalf the complaint was filed.

(2) The notice shall:

(a) Acknowledge the filing of the complaint and state the date that the complaint was accepted for filing;

(b) Include a copy of the complaint;

(c) Advise the aggrieved person of the time limits applicable to complaint processing and of the procedural rights and obligations of the aggrieved person under these regulations;

(d) Advise the aggrieved person of the right to commence a civil action under State Government Article, § 20-1035, Annotated Code of Maryland, in an appropriate State court, not later than 2 years after the occurrence or termination of the alleged discriminatory housing practice, noting that:

(i) The computation of this 2-year period excludes any time during which an administrative proceeding is pending with respect to a complaint or charge based on the alleged discriminatory housing practice; and

(ii) The time period includes the time during which an action arising from a breach of conciliation agreement under Regulation .13 of this chapter, and State Government Article, § 20-1024, Annotated Code of Maryland, is pending; and

(e) Advise the aggrieved person that retaliation against a person because the person made a complaint, testified, assisted, or participated in an investigation or conciliation under these regulations is a discriminatory housing practice that is prohibited by State Government Article, Title 20, Annotated Code of Maryland.

C. Notification of Respondent; Joinder of Additional or Substitute Respondents.

(1) Within 10 days of the filing of a complaint or the filing of an amended complaint, including authorization, the Commission will serve a notice on each respondent by certified mail or personal service.

(2) A person who is not named as a respondent in the complaint, but who is identified in the course of the investigation as a person who is alleged to be engaged or to have engaged in the discriminatory housing practice upon which the complaint is based, may be joined as an additional or substitute respondent by service of a notice on the person under this regulation within 10 days of the identification.

(3) At a minimum, the notice shall:

(a) Identify the alleged discriminatory housing practice upon which the complaint is based, and include a copy of the complaint;

(b) State the date that the complaint was accepted for filing;

(c) Advise the respondent of the time limits applicable to complaint processing under this chapter and of the procedural rights and obligations of the respondent under State Government Article, §§ 20-701"20-710 and 20-1020"20-1037, Annotated Code of Maryland, including the opportunity to submit an answer to the complaint within 10 days of the receipt of the notice;

(d) Advise the respondent of the aggrieved person's right to commence a civil action in an appropriate State court, not later than 2 years after the occurrence or termination of the alleged discriminatory housing practice and state:

(ii) The time period includes the time during which an action arising from a breach of a conciliation agreement under State Government Article, § 20-1024, Annotated Code of Maryland, is pending;

(e) If the person is not named in the complaint, but is being joined as an additional or substitute respondent, explain the basis for the Commission's belief that the joined person is properly joined as a respondent;

(f) Advise the respondent that retaliation against a person because the person made a complaint, testified, assisted, or participated in an investigation or conciliation is a discriminatory housing practice that is prohibited under State Government Article, Title 20, Annotated Code of Maryland, and these regulations; and

(g) Invite the respondent to enter into a conciliation agreement for the purpose of resolving the complaint.

D. Answer to Complaint.

(1) The respondent may file an answer not later than 10 days after receipt of the notice described in §C of this regulation.

(2) The respondent may assert any defense that might be available to a defendant in a court of law.

(3) The answer shall be signed and affirmed by the respondent.

(4) The affirmation shall state: "I declare under the penalty of perjury that the foregoing is true and correct".

(5) An answer may be reasonably and fairly amended at any time with the consent of the Executive Director or designee.

E. Withdrawal. A complaint filed by or on behalf of an aggrieved person may be withdrawn in writing at any time by the aggrieved person who filed the complaint.

F. Administrative Closure - Notice and Reopening.

(1) The Executive Director or designee may administratively close a complaint under those circumstances which, by way of example but not limitation, may include absence of information which establishes the whereabouts of the complainant, or the determination that statutory requisites have not been met.

(2) Written notice of the administrative closure shall be provided to the complainant at the last known address informing the complainant of the right to object to this closure within 15 days of the date on which the notice was mailed.

(3) If the complainant files a timely objection, the Executive Director or designee shall consider the closure in light of the reasons stated by the complainant and make a determination.

(4) In the absence of a timely objection, the Executive Director or designee shall close the complaint and so mark the subject case file.

(5) Written notice of the closure shall be sent to the respondent upon whom the complaint was served.

(6) In those cases when a complaint has been withdrawn by a complainant, the 15-day notice provision to the complainant is not required.

(7) A request to reopen a case administratively closed for lack of information establishing the whereabouts of the complainant that is received beyond the time for objecting specified in §F(2) of this regulation shall be considered only upon a showing of good cause made by the complainant.

Md. Code Regs. 14.03.04.11