Md. Code Regs. 14.03.05.06

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

Section 14.03.05.06 - Commercial Discrimination or Retaliation Complaint-Processing

A. Review and Authorization. After the filing of a complaint, the Executive Director or designee shall:

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

(2) Do one of the following:

(a) If the complaint is acceptable, authorize an investigation by dating and signing the complaint; or

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

B. Notification of Respondent.

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

(2) The notice shall:

(a) Acknowledge the filing of the complaint;

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

(c) Include a copy of the complaint;

(d) Identify the alleged commercial discrimination or retaliation practice upon which the complaint is based;

(e) Advise the respondent of the time limits applicable to complaint processing, and the procedural rights and obligations of the respondent under this chapter;

(f) Advise the respondent that retaliation against an aggrieved person because the person made a complaint or testified, assisted, or participated in an investigation or conciliation under this chapter is an unlawful commercial practice prohibited by State Finance and Procurement Article, § 19-106(a), Annotated Code of Maryland; and

(g) Inform the respondent of the opportunity to enter into mediation for the purpose of resolving the complaint.

C. Joinder of Additional or Substitute Respondents. 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 have engaged in commercial discrimination or retaliation upon which the complaint is based, may be joined as an additional or substitute respondent by service of notice on the person under this regulation within 10 days of the identification.

D. Answer to Complaint.

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

(2) A 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, as described in Regulation .05E(1) and (2) of this chapter.

(4) 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 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:

(a) Absence of information that establishes the whereabouts of the complainant; or

(b) A determination that statutory requisites have not been met.

(2) Notice of Administrative Closure.

(a) The Commission shall provide written notice of the administrative closure 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.

(b) In a case where the complaint has been withdrawn by a complainant, the 15-day notice provision to the complainant is not required.

(c) Written notice of the closure shall be sent to the respondent upon whom the complaint has been served.

(3) Objection to Administrative Closure.

(a) 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.

(b) In the absence of a timely objection, the Executive Director or designee shall:

(i) Close the complaint and mark the complaint file closed; and

(ii) Send written notice of the closure to the respondent upon whom the complaint was served.

(4) Request to Reopen Case.

(a) 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.

(b) Factors to be considered in determining whether good cause exists include but are not limited to:

(i) The amount of time elapsed since the complainant last had contact with the Commission;

(ii) The circumstances surrounding the complainant's failure to inform the Commission of their whereabouts; and

(iii) Prejudice to the respondent.

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

Md. Code Regs. 14.03.05.06