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 14.03.01.09 - Conciliation Process
Universal Citation: MD Code Reg 14.03.01.09
Current through Register Vol. 51, No. 19, September 20, 2024
A. Conciliation.
(1) Upon a written finding of
probable cause, the Commission, the complainant, and the respondent shall enter
the conciliation process.
(2)
Written notice of the opportunity to conciliate shall be provided to the
parties.
B. Termination of Conciliation Efforts - Respondent's Actions.
(1) The Commission may terminate its efforts
to conciliate if a respondent fails or refuses to confer with the Commission's
staff, or fails or refuses to negotiate in good faith to resolve the
dispute.
(2) If a written finding
of probable cause has been issued, the Executive Director or designee may
terminate the efforts to conciliate, notify the parties that conciliation has
failed, and certify the case for public hearing as set forth in Regulation .10
of this chapter.
C. Termination of Conciliation Efforts-Complainant's Actions.
(1) The Executive Director or designee may
administratively close a case if the complainant:
(a) Fails to negotiate in good faith;
or
(b) Rejects an offer of
settlement or compromise made by the respondent, in a formal offer of
settlements, which provides the complainant with the full relief which is
available under the laws enforced by the Commission.
(2) Before administratively closing the case,
the Executive Director or designee shall:
(a)
Provide written notice to the complainant;
(b) Give the complainant 15 days after the
mailing of the notice to object in writing and give reasons why the case should
not be administratively closed;
(c)
Consider the objections filed by the complainant;
(d) Administratively close the case if no
objections are filed; and
(e)
Promptly notify both the complainant and respondent of the
determination.
D. Prohibitions and Requirements - Disclosure of Information Obtained During Conciliation.
(1) Except as provided in §C(2) of this
regulation, nothing that is said or done in the course of conciliation under
this regulation may be made public or used as evidence in a subsequent
administrative hearing under State Government Article, Title 20, Annotated Code
of Maryland, without written consent of the persons concerned or as otherwise
permitted by law.
(2) Conciliation
agreements shall be made public, unless the aggrieved person and respondent
request nondisclosure and the Commission determines that disclosure is not
required to further the purposes of State Government Article, Title 20,
Annotated Code of Maryland.
(3)
Notwithstanding a determination that disclosure of a conciliation agreement is
not required, the Commission may publish tabulated descriptions of the results
of all conciliation efforts.
E. Review of Compliance with Conciliation Agreements.
(1) The Commission may, from time
to time, review compliance with the terms of any conciliation
agreement.
(2) Whenever the
Commission has reasonable cause to believe that a respondent has breached a
conciliation agreement, the Commission general counsel may file a civil action
for the enforcement of the terms of the conciliation agreement.
F. Order of the Commission. An agreement resulting from conciliation shall be executed on behalf of the Commission by the Executive Director or designee and shall constitute an order of the Commission as provided by law.
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