Current through Register Vol. 51, No. 19, September 20, 2024
A. Upon a
written finding of probable cause, the Commission, the complainant, and the
respondent shall enter the conciliation process.
B. Written notice of the opportunity to
conciliate shall be provided to the parties.
C. Termination of Conciliation
Efforts-Respondent's Actions.
(1) The
Commission may terminate its efforts to conciliate if a respondent fails or
refuses to:
(a) Confer with Commission staff;
or
(b) Negotiate in good faith to
resolve the dispute.
(2)
If the prerequisites listed in §C(1) of this regulation are met, the
Executive Director or designee may:
(a)
Terminate the efforts to conciliate;
(b) Notify the parties that conciliation has
failed; and
(c) Certify the case
for public hearing as set forth in Regulation .13 of this chapter.
D. 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
settlement, which provides the complainant with the full relief which is
available under State Finance and Procurement Article, §§
19-108(d)
and
19-110,
Annotated Code of Maryland.
(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 the respondent of the
determination.
E. Prohibitions and Requirements-Disclosure
of Information Obtained During Conciliation.
(1) Except as provided in §E(2) of this
regulation, nothing that is said or done in the course of conciliation under
this regulation shall be made public or used as evidence in a subsequent
administrative hearing under State Finance and Procurement Article, §
19-109,
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:
(a) The aggrieved person and respondent
request nondisclosure; and
(b) The
Commission determines that disclosure is not required to further the purposes
of State Finance and Procurement Article, §§
19-101
-19-120, 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.
F. Review of
Compliance with Conciliation Agreement.
(1)
The Commission may 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.
G. 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 a final
order of the Commission as provided by law.
