Code of Maryland Regulations
Title 14 - INDEPENDENT AGENCIES
Subtitle 03 - COMMISSION ON HUMAN RELATIONS
Chapter 14.03.01 - Rules of Procedure; Public Hearing Process
Section 14.03.01.05 - Investigative Process
Universal Citation: MD Code Reg 14.03.01.05
Current through Register Vol. 51, No. 19, September 20, 2024
A. Investigation. Upon the authorization of a complaint, the Executive Director or designee shall assign, or cause to be assigned, the investigation of the complaint to a staff investigator.
B. Systemic Processing.
(1) The Executive Director or designee may
identify the complaint for systemic processing when the Executive Director or
designee determines that:
(a) The alleged
discriminatory practices contained in a complaint are pervasive or
institutional in nature;
(b) The
processing of the complaint will involve complex issues, novel questions of law
or fact; or
(c) A large number of
persons will be affected.
(2) The determination in §B(1) of this
regulation may be based on the facts of the complaint or on information
gathered in connection with an investigation.
(3) Systemic investigations may focus not
only on documenting facts involved in the alleged discriminatory practice that
is the subject of the complaint, but also on review of other policies and
procedures related to matters under investigation, to make sure they also
comply with the nondiscriminatory requirements of State Government Article,
Title 20, Annotated Code of Maryland.
C. Conduct of Investigation.
(1) Fact-Finding Conference. The Executive
Director or designee may require that the complainant and respondent appear at
a fact-finding conference convened for the following purposes:
(a) Defining the issues contained in a
complaint;
(b) Determining which
elements are undisputed; and
(c)
Resolving those issues which are susceptible of resolution and ascertaining
whether or not there is a basis for a negotiated settlement of the
complaint.
(2) Request
for Information.
(a) The Executive Director
or designee shall require the respondent to promptly provide answers to
requests for information, which will be used to assist in determining the
merits of the allegations contained in the complaint.
(b) The request for information shall be
accompanied by the following:
(i) A copy of
the charge; and
(ii) The date on
which the response shall be submitted.
(c) Additional requests for information may
be made to further the investigation.
(3) Interrogatories-Content and Response.
(a) The investigator may, upon authorization
of the Executive Director or designee, serve interrogatories on a respondent by
registered or certified mail or by personal service.
(b) These interrogatories shall be
accompanied by the following:
(i) The date by
which a response is required, which date shall be not less than 30 days after
the date on which these interrogatories were delivered to the respondent;
and
(ii) A statement describing the
consequences to the respondent should the respondent fail to answer these
interrogatories, as set forth in Regulation .06 of this chapter.
(c) The interrogatories shall be
answered within the time prescribed in the accompanying notice and shall be
under oath.
(d) Time extensions may
be granted for good cause shown and upon a written request submitted to the
Commission's Executive Director or designee.
(e) Subsequent interrogatories, upon a
determination that they are relevant or necessary to complete the
administrative process, may be authorized and promulgated by the Commission's
staff.
(f) Motion to Strike or
Exceptions.
(i) The respondent may file a
motion to strike or exceptions to the interrogatories within the time period
set forth in §C(3)(b)(i) of this regulation.
(ii) The motion or exceptions shall state the
reason or reasons therefore and shall be supported by a memorandum of points
and authorities.
(iii) The
Executive Director or designee will rule on the motion papers without oral
argument.
(iv) If the motion or
exceptions are granted, the interrogatories may be limited, modified, or
stricken in accordance with the order of the Executive Director or
designee.
(v) If the motion or
exceptions are denied, or if the order of the Executive Director or designee
requires the respondent to answer any portion of the interrogatories, the
respondent shall be given not more than 10 days from the date of receipt of the
order to answer these interrogatories.
(4) Investigatory Subpoena.
(a) If completion of an investigation
requires the issuance of a subpoena, the investigator may, upon the written
authorization of the Executive Director or designee, issue a subpoena to compel
the attendance and testimony of witnesses, or a subpoena to compel the
production of books, papers, records, and documents relevant or necessary to
this investigation.
(b) Service of
this subpoena shall be made in accordance with State Government Article, Title
20, Annotated Code of Maryland.
(c)
The subpoena shall contain the following:
(i)
The name of the person whose testimony is required, identification of the
books, papers, records, and documents to be submitted, or all of
these;
(ii) The time and date when
and the place where the person subpoenaed is directed to appear and produce the
information sought, which date may not be less than 15 days after the date on
which the subpoena was served;
(iii) The signature of the Executive Director
authorizing the issuance of this subpoena.
(d) Upon failure by the person subpoenaed to
appear, to produce these records, documents, papers, or books, or all of these,
the Executive Director or designee may apply to the circuit court in the county
having jurisdiction or to the Circuit Court for Baltimore City for an order
requiring the attendance and testimony of the person subpoenaed, or the
production of the requested records, documents, papers, books, or
both.
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