Md. Code Regs. 19A.01.03.06

Current through Register Vol. 51, No. 26, December 27, 2024

Section 19A.01.03.06 - Commission Preliminary Consideration

A. The Commission shall consider the preliminary report submitted by the staff counsel pursuant to Regulation .05 of this chapter.

B. The Commission shall dismiss the complaint if it determines that:

(1) The report contains evidence of a cure of all violations, and dismissal would not be contrary to the purposes of State Government Article, Title 15, Annotated Code of Maryland;

(2) The evidence does not raise sufficient likelihood of a violation of State Government Article, Title 15, Annotated Code of Maryland, to merit further proceedings; or

(3) A proposed resolution agreed to by the staff counsel and the respondent is accepted and supports a conclusion that the matter does not merit further proceedings.

C. Dismissal of a complaint pursuant to §B of this regulation shall be:

(1) By written order signed by the Chairman or other designated member on behalf of the Commission; and

(2) Served on the respondent as set forth in Regulation .02F of this chapter.

D. If a complaint filed by a person other than the Commission is dismissed pursuant to §B of this regulation, the complainant shall be advised of the fact of the dismissal.

E. If, after preliminary consideration by the Commission, a complaint is not dismissed pursuant to §B of this regulation, the Commission shall issue a hearing notice as set forth in Regulation .07 of this chapter.

Md. Code Regs. 19A.01.03.06

Regulations .06 under chapter "Complaint Procedures" repealed effective September 26, 1994 (21:19 Md. R. 1635)
Regulations .06 under chapter "Enforcement Procedures" adopted effective September 26, 1994 (21:19 Md. R. 1635)