Md. Code Regs. 14.03.05.10

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

Section 14.03.05.10 - Completion of Investigation

A. Written Findings.

(1) The Commission shall set forth the results of its investigation in a written report entitled "written findings" which shall chronicle the facts found to exist and the conclusions drawn.

(2) The Commission staff shall make an initial finding of each allegation stated in the complaint, to include a finding of:

(a) Probable cause;

(b) No probable cause;

(c) False or frivolous;

(d) Settled; or

(e) Withdrawn.

(3) Except as provided in §A(4) of this regulation, the Commission shall make the initial findings and issue recommendations for appropriate action within 120 calendar days of the receipt of the complaint.

(4) The Commission may extend the time limit set forth in §A(3) of this regulation if:

(a) Good cause exists; or

(b) The parties agree to mediate a settlement to the complaint.

(5) The Commission shall serve written findings on all parties to the complaint.

B. Probable Cause.

(1) The Commission shall determine whether, based upon a preponderance of the evidence and the totality of the factual circumstances known at the time of the decision, probable cause exists to believe that a commercial discrimination or retaliation practice has occurred.

(2) The Commission shall base a probable cause determination on the facts concerning the alleged commercial discrimination or retaliation practice, provided by the complainant, respondent, or otherwise obtained and disclosed during the investigation.

(3) If the Commission determines that probable cause exists, the Commission shall notify the complainant and respondent within 5 business days of the issuance of initial findings and recommendations and include an explanation of the reasons justifying the initial findings.

C. No Probable Cause.

(1) If, based upon a preponderance of the evidence, the investigation fails to produce sufficient evidence to find that the alleged commercial discrimination or retaliation occurred, the Commission may issue a finding of no probable cause.

(2) If the Commission determines that no probable cause exists, the Commission shall notify the complainant and respondent within 5 business days of the issuance of initial findings and recommendations and include an explanation of the reasons justifying the initial findings.

D. False or Frivolous Claim.

(1) Based upon a preponderance of the evidence, the Commission may issue a finding that the claim is false or frivolous if:

(a) The investigation produced sufficient evidence to establish that the complainant knowingly made one or more false or frivolous allegations; and

(b) Further investigation does not appear likely to produce sufficient evidence that the alleged commercial discrimination or retaliation occurred.

(2) If the Commission determines that the claim is false or frivolous, the Commission shall notify the complainant and respondent within 5 business days of the issuance of initial findings and recommendations and include an explanation of the reasons justifying the initial findings.

E. Recommendation for Appropriate Action.

(1) Upon completion of the investigation, the Commission staff shall recommend to the Commission the appropriate action to be taken.

(2) Commission staff may recommend the following actions:

(a) Additional investigation of the complaint;

(b) The Commission's adoption of the initial findings rendered by the Commission staff;

(c) Imposition of sanctions;

(d) Imposition of remedies; or

(e) Other action consistent with State Finance and Procurement Article, § 19-108(d), Annotated Code of Maryland.

(3) In determining appropriate action on a commercial discrimination claim, the Commission may take into account evidence provided or discovered in the course of the investigation regarding:

(a) The impact of the discrimination on affected parties;

(b) The impact of any authorized remedy on the State or any other party;

(c) Actions taken by the respondent to remedy the alleged discrimination;

(d) The effectiveness of any prior attempts by the respondent to remedy the discrimination;

(e) Whether the respondent has procured goods or services from or otherwise engaged in business with persons or entities of the same protected class as the complainant to an extent sufficient to demonstrate that the respondent has not discriminated against that protected class in the overall context of its business;

(f) The number and scope of prior violations of this policy by the respondent; and

(g) Any other evidence determined to be relevant by the Commission.

(4) Unless a contested case hearing is requested in accordance with Regulation .12 of this chapter, the Commission's findings and recommendations shall become the final administrative decision of the State, subject to judicial review pursuant to Regulation .16 of this chapter.

F. Reconsideration.

(1) If the findings conclude that there is no probable cause to believe that a discriminatory or retaliatory 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) The Commission shall promptly give the respondent written notice that the complainant has requested reconsideration.

(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 matter 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 designee for good cause.

Md. Code Regs. 14.03.05.10