Md. Code Regs. 14.03.04.13

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

Section 14.03.04.13 - Conciliation Process

A. Conciliation.

(1) During the period beginning with the initial filing of a complaint and ending with the certification of the file for processing for hearing or dismissal of the complaint, the Commission shall, to the extent feasible, attempt to conciliate the complaint.

(2) Written notice of the opportunity to conciliate shall be provided to the parties.

(3) In conciliating a complaint, the Commission shall attempt to achieve a just resolution of the complaint and to obtain assurances that the respondent will satisfactorily remedy any violations of the rights of the aggrieved person, and take such action as well as assure the elimination of discriminatory housing practices, or the prevention of their occurrence in the future.

B. Conciliation Agreement.

(1) The terms of a settlement of a complaint will be reduced to a written conciliation agreement.

(2) The conciliation agreement shall seek to protect the interests of the aggrieved person, other persons similarly situated, and the public interest.

(3) The types of relief that may be sought for the aggrieved person are described in §C of this regulation.

(4) The provisions that may be sought for the vindication of the public interest are described in Regulation .17B(3) of this chapter.

(5) The agreement shall be executed by the respondent and the complainant.

(6) The agreement is subject to the approval of the Executive Director or designee who shall indicate approval by signing the agreement.

(7) The Executive Director or designee shall approve an agreement and shall execute the agreement only if:

(a) The complainant and the respondent agree to the relief accorded the aggrieved person; and

(b) The provisions of the agreement will adequately vindicate the public interest.

C. Relief Sought for Aggrieved Persons.

(1) Administrative Relief. In conciliation, the Commission may seek any relief in accordance with Regulation .17B of this chapter.

(2) Arbitration.

(a) The conciliation agreement may provide for binding arbitration of the dispute arising from the complaint.

(b) Arbitration may award appropriate relief as described in §C(1) of this regulation.

(c) The aggrieved person and the respondent may, in the conciliation agreement, limit the types of relief that may be awarded under binding arbitration.

D. 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 .14 of this chapter.

E. 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.

F. When the aggrieved person has commenced a civil action under federal law or State law seeking relief with respect to the alleged discriminatory housing practice, and the trial in the action has commenced, the Commission will terminate conciliation unless the court specifically requests assistance from the Commission.

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

(1) Except as provided in §G(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 or civil action under State Government Article, Title 20, Annotated Code of Maryland, without the written consent of the persons concerned.

(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 the Fair Housing Law.

(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.

H. Review of Compliance with Conciliation Agreements.

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

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

I. 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. 14.03.04.13