Md. Code Regs. 14.03.04.12

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

Section 14.03.04.12 - Investigative Process

A. Investigations.

(1) The Executive Director or designee shall authorize a complaint within 30 days after the filing of the complaint, or the notification or referral of a complaint, from the United States Department of Housing and Urban Development.

(2) Upon the authorization of a complaint, the Executive Director or designee shall assign, or cause to be assigned, the investigation of the complaint to a staff investigator.

(3) The investigative process involves:

(a) Promptly gathering information necessary and relevant to make a fair determination on the events or transactions that relate to the alleged discriminatory housing practice identified in the complaint;

(b) Documenting policies or practices of the respondent involved in the alleged discriminatory housing practice raised in the complaint;

(c) Developing factual data necessary for a determination whether probable cause exists to believe that a discriminatory housing practice has occurred or is about to occur and to take other actions provided under this chapter and State Government Article, Title 20, Annotated Code of Maryland; and

(d) Concluding the investigation, in accordance with this regulation, with the issuance of written findings of probable cause or no probable cause.

B. Systemic Processing.

(1) The Executive Director or designee may identify the complaint for systemic processing when the Executive Director or designee determines:

(a) That the alleged discriminatory practices contained in a complaint are pervasive or institutional in nature;

(b) That the processing of the complaint will involve complex issues, or novel questions of law or fact; or

(c) That a large number of individuals will be affected.

(2) The determination in §B(1) of this regulation may be based on the face of the complaint or on information gathered in connection with an investigation.

(3) Systemic investigations may focus not only on documenting facts involved in the alleged discriminatory housing practice that is the subject of the complaint, but also on review of other policies and procedures related to matters under investigation, to make sure they also comply with the nondiscrimination requirements of State Government Article, Title 20, Annotated Code of Maryland.

C. Conduct of Investigation.

(1) Fact-Finding Conference. A conference may be convened for the purpose of defining the issues contained in the complaint in accordance with COMAR 14.03.01.05C(1).

(2) Request for Information.

(a) The Executive Director or designee shall require the respondent to promptly provide answers to requests for information, which will be used to assist in determining the merits of the allegations contained in the complaint.

(b) The request for information shall be accompanied by the following:

(i) A copy of the charge; and

(ii) The date on which the response shall be submitted.

(c) Additional requests for information may be made to further the investigation.

(3) Interrogatories-Content and Response. An investigator may serve interrogatories on a respondent, upon authorization by the Executive Director or designee in accordance with COMAR 14.03.01.05C(3).

(4) Interrogatories-Default Procedure. Failure of the respondent to either answer the interrogatories or to file a motion to strike or exceptions within the time specified will activate the default proceedings in accordance with COMAR 14.03.01.06C.

(5) Investigatory Subpoena.

(a) In accordance with COMAR 14.03.01.05C(4), the Commission may, upon written authorization of the Executive Director or designee, issue a subpoena to compel the attendance and testimony of witnesses or to compel the production of books, papers, and documents relevant or necessary to an investigation or hearing.

(b) The Commission may bring an action to enforce the subpoena in the circuit court for the county in which the person to whom the subpoena is addressed resides, was served, or transacts business.

D. Cooperation of Federal, State, or Local Agencies. The Commission, in processing fair housing complaints, may seek the cooperation and utilize the services of federal, State, or local agencies, including any agency having regulatory or supervisory authority over financial institutions.

E. Completion of Investigation.

(1) The investigation shall remain open until:

(a) A written finding of probable cause or no probable cause is made, in accordance with COMAR 14.03.01.08A;

(b) A conciliation agreement is executed and approved; or

(c) A withdrawal or an administrative closure is made in accordance with Regulation .11E and F of this chapter.

(2) Probable Cause.

(a) 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 housing practice has occurred.

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

(c) 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.

(d) 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.

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

(3) Unless it is impracticable to do so, the Commission shall complete the investigation of the alleged discriminatory housing practice within 100 days of the filing of the complaint.

(4) If the Commission is unable to complete the investigation within the 100-day period, the Commission shall give notice to the aggrieved person and the respondent of the reasons for the delay.

F. 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 case to the investigative staff for the appropriate action; or

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

(3) The times set forth in §F of this regulation may be extended by the Executive Director or deputy director for good cause.

G. Dismissal of Proceedings. The Executive Director or designee may dismiss cases which have not been certified for public hearing, at any stage of the proceedings in accordance with COMAR 14.03.01.04F.

Md. Code Regs. 14.03.04.12