Code of Maryland Regulations
Title 14 - INDEPENDENT AGENCIES
Subtitle 03 - COMMISSION ON HUMAN RELATIONS
Chapter 14.03.05 - Commercial Nondiscrimination Policy
Section 14.03.05.13 - Certification for Hearing and Preliminary Proceedings
Universal Citation: MD Code Reg 14.03.05.13
Current through Register Vol. 51, No. 19, September 20, 2024
A. Certification of File.
(1) Upon receipt of a request for a contested
case hearing, the Executive Director or designee shall certify the case for
public hearing.
(2) An entry
identifying this case shall be logged in the Commission's official docket book,
which shall be maintained by the Executive Director for cases pending public
hearing.
(3) The Executive Director
or designee shall forward the certified file to the Commission's General
Counsel for further processing.
(4)
The General Counsel, on review of a file so certified, may remand the case to
the Executive Director or designee for:
(a)
Further investigation and, in this case, shall state clearly the issues
requiring further investigative proceedings; or
(b) Review of the findings and, in this case,
shall state clearly the reason for the review.
B. Statement of Charges.
(1) For each contested case hearing properly
requested, the Commission shall:
(a) File a
statement of charges with the Office of Administrative Hearings; and
(b) Request a hearing before an
administrative law judge in a manner consistent with the requirements of COMAR
28.02.01.04E.
(2) The statement of
charges shall contain:
(a) An allegation that
the person on whose behalf the complaint is being issued is a proper
complainant within the meaning of State Finance and Procurement Article, §
19-106,
Annotated Code of Maryland;
(b) An
allegation that the respondent is the proper respondent within the meaning of,
and subject to provisions of State Finance and Procurement Article, §
19-102,
Annotated Code of Maryland;
(c) A
factual allegation or allegations of an unlawful commercial discrimination or
retaliation practice or practices; and
(d) A request for relief sought.
C. Answer.
(1) Any answer made to the statement of
charges shall be filed within 15 days after service of the statement of
charges.
(2) Upon application in
writing to the administrative law judge before the end of the 15 days, the
administrative law judge may extend the time within which the answer may be
filed upon a showing of good cause.
(3) The answer shall be filed with the Office
of Administrative Hearings and the original of the answer shall be signed under
oath or affirmation of the respondent and shall contain:
(a) The name and address of the
respondent;
(b) The name, address,
and telephone number of the respondent's attorney, if any;
(c) A specific admission, denial, or
assertion that the respondent is without sufficient knowledge or information to
form a belief with respect to each and every allegation of the
complaint;
(d) A statement of any
matter constituting a defense to any allegations in the statement of charges;
and
(e) A certification that
service of this answer has been made upon all other parties.
(4) Any allegation in the
statement of charges which is not denied or admitted in the answer is
considered admitted, unless the respondent states in the answer that it is
without sufficient knowledge or information to form a belief with respect to
this allegation.
(5) Any allegation
of new matter contained in the answer is considered denied without the
necessity of a reply being filed, unless a reply is ordered by the
administrative law judge conducting the hearing.
Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
