Md. Code Regs. 14.03.04.15

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

Section 14.03.04.15 - Election of Civil Action or Provision of Administrative Proceeding

A. Election Process.

(1) When a complaint is certified for further processing pursuant to State Government Article, § 20-1025(a), Annotated Code of Maryland, a complainant, respondent, or aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in the complaint decided in a civil action under State Government Article, § 20-1032, Annotated Code of Maryland, instead of by an administrative hearing under State Government Article, § 20-1027, Annotated Code of Maryland.

(2) The election authorized under State Government Article, § 20-1026, Annotated Code of Maryland, shall be made not later than:

(a) 20 days after the complainant, respondent, or aggrieved person on whose behalf the complaint was filed receives service under State Government Article, § 20-1025(e), Annotated Code of Maryland; or

(b) In the case of the Commission, 20 days after service is made to all other parties under State Government Article, § 20-1025(e), Annotated Code of Maryland.

(3) A person who makes an election under State Government Article, § 20-1026, Annotated Code of Maryland, shall give notice of the election to the Commission and to all other complainants, respondents, and aggrieved persons on whose behalf the complaint was filed or to whom the complaint relates.

B. Civil Action by the Commission.

(1) Action Brought on Behalf of Aggrieved Person.

(a) Commencement. In accordance with State Government Article, § 20-1032, Annotated Code of Maryland, if an election is made to pursue judicial action under State Government Article, § 20-1026, Annotated Code of Maryland, the Commission's General Counsel shall commence and maintain, not later than 60 days after the election is made, a civil action seeking relief under State Government Article, § 20-1026, Annotated Code of Maryland, on behalf of the aggrieved person in the circuit court for the county where the dwelling that is the subject of the alleged discrimination is located.

(b) A hearing under Regulation .16 of this chapter and State Government Article, § 20-1027, Annotated Code of Maryland, may not continue regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved person under federal law or State law seeking relief with respect to that discriminatory housing practice.

(c) Relief. Relief and civil penalties shall be awarded in accordance with State Government Article, § 20-1032(b), Annotated Code of Maryland.

(d) Intervention. Any aggrieved person with respect to the issues to be determined in a civil action under State Government Article, § 20-1032 may intervene as of right.

(2) Commission-Initiated Civil Action.

(a) Commencement. Pursuant to State Government Article, § 20-1036(a), Annotated Code of Maryland, the Commission may commence a civil action in the appropriate circuit court if the Commission has probable cause to believe that:

(i) A person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by State Government Article, Title 20, Subtitle 7 and Subtitle 10, Part II, Annotated Code of Maryland, or any group of persons has been denied any of the rights granted by State Government Article, Title 20, Subtitles 7 and Subtitle 10, Part II, Annotated Code of Maryland; and

(ii) The resistance and denial raises an issue of general public importance.

(b) A hearing under Regulation .16 of this chapter and State Government Article, § 20-1027, Annotated Code of Maryland, may not continue regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the Commission under federal law or State law seeking relief with respect to that discriminatory housing practice.

(c) Relief and attorney's fees shall be awarded in accordance with State Government Article, § 20-1036(c), Annotated Code of Maryland.

(d) Intervention.

(i) On timely application, a person may intervene in a civil action commenced by the Commission under §B(2)(a)"(b) of this regulation if the action involves an alleged discriminatory housing practice to which the person is an aggrieved person or a conciliation agreement to which the person is a party.

(ii) A court may grant relief to an intervening party in accordance with State Government Article, § 20-1036(d)(2), Annotated Code of Maryland.

C. Civil Action by Aggrieved Person; Private Right of Action.

(1) Pursuant to State Government Article, § 20-1035, Annotated Code of Maryland, an aggrieved person may file a civil action against the respondent in the appropriate State court to obtain relief for an alleged discriminatory housing practice, or the breach of a conciliation agreement entered into under State Government Article, Title 20, Subtitle 7, Annotated Code of Maryland.

(2) Filing Period.

(a) The action shall be filed within 2 years after the occurrence or termination of the alleged discriminatory housing practice, or the breach of a conciliation agreement, whichever is later.

(b) The 2-year period does not include any time during which an administrative proceeding was pending for a complaint based on the alleged discriminatory housing practice under State Government Article, Title 20, Subtitle 7, Annotated Code of Maryland.

(3) Exceptions.

(a) Except for the purposes of enforcing a conciliation agreement, an aggrieved person may not commence a civil action for the alleged discriminatory housing practice that forms the basis of the complaint if the Commission or a State or local unit has obtained a conciliation agreement with the consent of the aggrieved person.

(b) If an administrative law judge has commenced a hearing on the record under Regulation .16 of this chapter with respect to the charge, an aggrieved person may not commence a civil action for the alleged discriminatory housing practice that forms the basis of the charge issued by the Commission.

(4) A hearing under Regulation .16 of this chapter and State Government Article, § 20-1027, Annotated Code of Maryland, may not continue regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by an aggrieved person under federal or State law seeking relief with respect to that discriminatory housing practice.

(5) Relief.

(a) Relief shall be awarded in accordance with State Government Article, § 20-1035(e), Annotated Code of Maryland.

(b) Relief granted under State Government Article, § 20-1035, Annotated Code of Maryland, may not affect any contract, sale, encumbrance, or lease consummated before the granting of relief and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the filing of a complaint with the Commission or civil action under State Government Article, § 20-1035, Annotated Code of Maryland.

(6) Intervention by the Commission. If the Commission certifies that the case is of general public importance and upon timely application, the Commission may intervene in a civil action brought under State Government Article, § 20-1035, Annotated Code of Maryland, and obtain any relief available under State Government Article, § 20-1036(c), Annotated Code of Maryland.

D. Provision of Administrative Proceeding.

(1) Issuance of Statement of Charges.

(a) When a party does not elect a civil action, the Commission's General Counsel shall serve a copy of the statement of charges to each respondent and each aggrieved person on whose behalf the complaint was filed by certified mail or personal service.

(b) The Commission's General Counsel shall file the statement of charges not later than 30 days after the case is certified for public hearing and service is made to all parties under State Government Article, § 20-1025(e), Annotated Code of Maryland.

(c) The statement of charges shall contain:

(i) An allegation that the person on whose behalf the complaint is filed is a proper complainant within the meaning of State Government Article, Title 20, Annotated Code of Maryland;

(ii) An allegation that the respondent is a proper respondent within the meaning of, and subject to, provisions of State Government Article, Title 20, Annotated Code of Maryland;

(iii) A factual allegation or allegations of an unlawful discriminatory housing practice or practices; and

(iv) A prayer for relief sought.

(d) The Commission's General Counsel may not issue a charge under this regulation after the beginning of the trial of a civil action that is commenced by an aggrieved party under federal law or State law and that seeks relief for the same discriminatory housing practice alleged in that aggrieved party's complaint.

(2) Answer.

(a) Any answer made to the statement of charges shall be filed within 15 days after the notice provided in accordance with §B(3) of this regulation.

(b) Upon application in writing to an administrative law judge, and before the end of the 15 days, an administrative law judge may, for good cause shown, extend the time within which an answer may be filed.

(c) The answer shall be filed with the Office of Administrative Hearings and the original of the answer shall be signed under oath or affirmation of the respondent and shall contain:

(i) The name, address, and email address of the respondent;

(ii) The name, address, telephone number, and email address of the respondent's attorney, if any;

(iii) A specific admission or denial or assertion that the respondent is without sufficient knowledge or information to form a belief with respect to each and every allegation of the complaint;

(iv) A statement of any matter constituting a defense to any allegations in the statement of charges; and

(v) A certification that service of this answer has been made upon all other parties.

(d) Any allegation in the statement of charges which is not denied or admitted in the answer shall be considered admitted, unless the respondent states in the answer that it is without sufficient knowledge or information to form a belief with respect to this allegation.

(e) Any allegation of new matter contained in the answer shall be deemed denied without the necessity of a reply being filed, unless a reply is ordered by the administrative law judge conducting the hearing.

Md. Code Regs. 14.03.04.15