Code of Maryland Regulations
Title 14 - INDEPENDENT AGENCIES
Subtitle 03 - COMMISSION ON HUMAN RELATIONS
Chapter 14.03.05 - Commercial Nondiscrimination Policy
Section 14.03.05.10 - Completion of Investigation
Universal Citation: MD Code Reg 14.03.05.10
Current through Register Vol. 51, No. 19, September 20, 2024
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(e) Withdrawn.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.
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