Current through Register Vol. 51, No. 19, September 20, 2024
A.
If, after a respondent has been served with duly authorized interrogatories
together with a notice of the consequences of the failure to answer them, the
respondent fails either to answer the interrogatories or to file a motion to
strike or exceptions to the interrogatories within the time specified, the
Executive Director or designee shall serve or cause to be served upon the
respondent the following notice:
"Notice is hereby given that a complaint has been served upon
you alleging that you have violated State Finance and Procurement Article,
§§
19-101
-19-120, Annotated Code of Maryland. Pursuant to this Commission's authority
under Title 20 of the State Government Article, Annotated Code of Maryland,
interrogatories have been served upon you. These interrogatories have not been
answered. Your failure to answer fully the interrogatories under oath within 5
days after receipt of this notice may result in the entry of a default in the
matter of this complaint. This default order may include the following
sanctions:
(1) An admission that the
interrogatories, if answered, would have established facts consistent with the
claim of the complainant; and
(2) A
waiver of your right to have this Commission conduct further investigation,
find whether there is probable cause, make conciliation efforts, or hold a
hearing allowing the presentation of any and all defenses to the complaint
which you might have otherwise raised."
B. Upon failure by the respondent to file
full and complete answers to the interrogatories in accordance with this
notice, the Executive Director or designee may certify the file and forward it
to the general counsel.
C. The
general counsel shall prepare the following for submission to the Office of
Administrative Hearings:
(1) The case
file;
(2) A petition seeking a
default order; and
(3) An affidavit
of the Executive Director or designee.
D. The affidavit shall include:
(1) A statement that the complainant has
filed the allegations of commercial discrimination or retaliation within the
time prescribed in the State Finance and Procurement Article, §§
19-101
-19-120, Annotated Code of Maryland;
(2) The date of service of the complaint and
interrogatories on the respondent;
(3) The date of service of any notices
requiring an answer to the interrogatories, or extending the time in which to
answer;
(4) The date of service of
the complaint and interrogatories as appears from the return of
process;
(5) A statement that the
respondent has failed to reply to the interrogatories within the time required;
and
(6) A statement that the
respondent has been given notice of the consequences of failure to respond to
the interrogatories.
E.
Administrative Determination.
(1) An
administrative law judge shall determine whether the respondent is in default,
issue the appropriate order, and serve a copy of the order on all
parties.
(2) If the administrative
law judge determines that the respondent is not in default, the administrative
law judge shall deny the petition and return the case file to the Executive
Director or designee for further investigative proceedings.
(3) If the administrative law judge
determines that the respondent is in default, the administrative law judge may
impose any or all of the sanctions set forth in §A of this regulation as
the administrative law judge finds appropriate.
F. Petition to Vacate Default Order.
(1) Within 30 days after notice to the
respondent of the entry of any default order, the respondent may petition the
Commissioners sitting in their appellate capacity, as set forth in COMAR
14.03.01.12E, to
vacate the order and reopen the case for good cause shown.
(2) The respondent's assertion of good cause
shall be in the form of an affidavit and shall include full and complete
answers to the unanswered interrogatories.
(3) Oral argument may not be
permitted.
G. Issuance
of Default Order. After the issuance of an order by the administrative law
judge imposing sanctions:
(1) The case shall
be logged in the Commission's official docket book for the purpose of
certifying the case for public hearing of the complainant's evidence in support
of the allegation of commercial discrimination or retaliation;
(2) Finding of probable cause shall be
considered made against the respondent; and
(3) Failure of conciliation shall be presumed
by respondent's default.
H. Public Hearing.
(1) The public hearing to be subsequently
held on the merits of the complaint shall be limited to whatever sanctions may
be applied pursuant to §A of this regulation.
(2) The hearing may result in the issuance of
a commission order, pursuant to State Government Article, §
20-1009(e),
Annotated Code of Maryland.
