Md. Code Regs. 14.03.05.03

Current through Register Vol. 51, No. 21, October 18, 2024

Section 14.03.05.03 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Administrative law judge" means the individual assigned by the Office of Administrative Hearings to conduct a hearing under this chapter.

(2) "Aggrieved person" means any business entity that claims to have been injured by a discriminatory commercial practice.

(3) "Business entity" means any person, as defined in State Finance and Procurement Article, § 1-101(d), Annotated Code of Maryland, firm, sole proprietorship, partnership, corporation, limited liability company, or other business entity, or a combination of any of these entities, including any financial institution, developer, consultant, prime contractor, subcontractor, supplier, or vendor, that has submitted a bid or proposal for, has been selected to engage in, or is engaged in providing goods or services to the State.

(4) "Charge" means a written statement prepared by the Commission's general counsel and issued under this chapter that contains a factual allegation of an unlawful discriminatory commercial practice.

(5) "Commercial customer" means a business entity that procures or attempts to procure goods or services from a business entity for business use as opposed to personal, family, or household use.

(6) "Commercial nondiscrimination policy" means the provisions under State Finance and Procurement Article, §§ 19-101 -19-120, Annotated Code of Maryland, and any regulation, or documentation requirement, adopted by the Maryland Commission on Human Relations.

(7) "Commercial treatment" means the treatment of a vendor, supplier, subcontractor, or commercial customer by a business entity that affects the conduct of business and the terms and conditions under which business is transacted between two or more business entities.

(8) "Commission" means the Maryland Commission on Human Relations.

(9) "Commission staff" means employees of the Maryland Commission on Human Relations designated by the Commission to process, investigate, and pursue complaints filed under these regulations.

(10) "Complainant" means the person or business entity who files a complaint of discriminatory commercial practice or practices under these regulations.

(11) "Complaint" means a written statement by a person or business entity alleging an act or acts of commercial discrimination as prohibited by State Finance and Procurement Article, §§ 19-101 -19-120, Annotated Code of Maryland.

(12) "Conciliation" means the attempted resolution of issues raised by a complaint or by investigation of a complaint through informal negotiations involving the complainant, the respondent, and the Commission.

(13) "Conciliation agreement" means a written agreement setting forth the resolution of the issues in conciliation.

(14) "Contract" means an agreement with a business entity that is awarded by or on behalf of the State for that business entity to sell or lease supplies or goods, or to provide construction, real estate development, financial, insurance, professional, or other services to the State in return for a fee, or any other form of compensation to be paid or provided by the State.

(15) Discrimination.

(a) "Discrimination" means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, supplier, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, national origin, sex, age, marital status, sexual orientation, disability, or any other unlawful use of characteristics regarding the vendor's, supplier's, or commercial customer's employees or owners.

(b) "Discrimination" does not include lawful efforts to remedy the effects of discrimination that have occurred or are occurring in the marketplace.

(16) "Economic development project" means a real estate development, construction, or renovation project for which the State provides:

(a) Funding or other financial assistance, other than payments in exchange for goods or services;

(b) Land;

(c) Road improvements;

(d) Tax credits; or

(e) A below market purchase price.

(17) "Executive Director" has the meaning stated in COMAR 14.03.01.02F.

(18) Financial Institution.

(a) "Financial institution" means a person:

(i) Engaged in the business of lending money, guaranteeing loans, extending credit, securing bonds, or providing venture or equity capital; or

(ii) That offers financial services in connection with State projects or the administration of State government.

(b) "Financial institution" includes banks, savings and loans, venture capital companies, insurance companies, bonding companies, mortgage companies, credit unions, and brokers.

(19) "Investigator" has the meaning stated in COMAR 14.03.01.02F.

(20) "Notice" has the meaning stated in COMAR 14.03.01.02F.

(21) "Party" means:

(a) A person who has filed a complaint under this chapter;

(b) A respondent business entity that has been alleged to have violated State Finance and Procurement Article, §§ 19-101 -19-120, Annotated Code of Maryland; or

(c) The Commission, which is responsible for investigating the complaint and rendering the initial findings.

(22) "Proceeding" means a conference, meeting, hearing, investigation, inquiry, or other fact-finding or decision-making procedure, including the dismissal of a complaint.

(23) "Respondent" means a person or business entity:

(a) Accused in a complaint of a discriminatory commercial practice; or

(b) Identified during an investigation of a complaint and joined as an additional or substitute respondent under this chapter.

(24) "Services" includes construction, real estate development, financial, insurance, professional, and other services.

(25) "State subcontract" means an agreement for the provision of goods or the performance of a particular portion of work to be performed under a contract with the State, where:

(a) The party providing the goods or services is on reasonable notice that the work is to be performed under a State contract; and

(b) The amount to be paid for the goods and services is material with respect to the overall amount of the contract.

(26) "State subcontractor" means the party providing goods or services under a State subcontract.

(27) "Time" has the meaning stated in COMAR 14.03.01.02F.

Md. Code Regs. 14.03.05.03