Md. Code Regs. 14.03.01.10

Current through Register Vol. 51, No. 22, November 1, 2024

Section 14.03.01.10 - Public Hearings - Certification and Preliminary Proceedings

A. Certification of File.

(1) Upon failure of conciliation, the Executive Director or designee shall certify the case for public hearing. 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.

(2) Upon certification of the file, the Executive Director or designee shall so notify the parties to an action and issue to complainant notice of opportunity for election of a civil action, pursuant to State Government Article, § 20-1007, Annotated Code of Maryland, and Regulation .13 of this chapter.

(3) The Executive Director or designee shall forward the certified case 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 or reasons for the review.

B. Statement of Charges.

(1) The Commission shall file a statement of charges if:

(a) The complainant elects to pursue an administrative action; or

(b) The complainant or Commission fails to elect a civil action within the time specified under Regulation .13A of this chapter.

(2) The Commission's general counsel shall prepare a written statement of charges in support of the complaint and forward it to the Office of Administrative Hearings together with a written request for a hearing date in accordance with COMAR 28.02.01.04.

(3) The statement of charges shall contain:

(a) An allegation that the person on whose behalf the complaint is issued is a proper complainant within the meaning of State Government Article, Title 20, Annotated Code of Maryland;

(b) An allegation that the respondent is a proper respondent within the meaning of, and subject to, provisions of State Government Article, Title 20, Annotated Code of Maryland;

(c) A factual allegation or allegations of an unlawful discriminatory practice or practices;

(d) A prayer for relief sought.

C. Consolidation of Complaints. The administrative law judge may consolidate or combine several cases for purposes of hearing or other proceedings, when the administrative law judge finds that sufficient common issues of fact, or law, or both, are involved.

D. Prehearing Procedures.

(1) Prehearing Conference. A prehearing conference shall be conducted in accordance with COMAR 28.02.01.13.

(2) Notice of Prehearing Conference and Hearing.

(a) The administrative law judge shall set the matter in for a prehearing conference, or hearing, or both, on the earliest date practicable and shall, by registered or certified mail, forward to the complainant and to the respondent a statement of charges and a notice of prehearing conference or hearing, which shall include the following:

(i) The place, date, and hour of the prehearing conference or public hearing, or both;

(ii) A statement advising both the complainant and respondent of their respective rights to appear and be represented in this hearing in person, by their attorneys, or both, and that the case in support of the complaint shall be presented by the Commission's general counsel;

(iii) A statement advising the respondent of his or her right to file an answer to the statement of charges; and

(iv) The name of the administrative law judge who shall conduct this prehearing conference or hearing or a statement that an administrative law judgewill be subsequently designated.

(b) The administrative law judge shall forward a copy of the notice of prehearing conference, or public hearing, or both, to the general counsel of the Commission.

(c) The prehearing conference or public hearing, or both, may not be less than 20 or more than 60 days after the issuance and service of the statement of charges and notice of prehearing conference, or public hearing, or both.

(3) Settlement Conference. When required, a settlement conference shall be conducted in accordance with COMAR 28.02.01.14.

E. Answer.

(1) Any answer made to the statement of charges shall be filed within 15 days after service of the statement of charges. Upon application in writing to the administrative law judge before the end of the 15 days, the administrative law judge may, for good cause shown, extend the time within which an answer may be filed.

(2) 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 or 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;

(e) A certification that service of this answer has been made upon all other parties.

(3) Any allegation in the statement of charges which is not denied or admitted in the answer shall be deemed admitted, unless the respondent shall state in the answer that it is without sufficient knowledge or information to form a belief with respect to this allegation.

(4) Any allegation of new matter contained in the answer shall be deemed denied without the necessity of a reply being filed, unless a reply is ordered by the administrative law judge conducting the hearing.

F. Preliminary Matters-Motions.

(1) All preliminary matters shall be raised by motion filed at either the prehearing conference or not later than 45 days before the public hearing.

(2) The motion shall be in writing, stating briefly the relief applied for, with a memorandum stating the reasons and any law that may support the motion.

(3) The motion and two copies together with a certificate of mailing to all parties shall be filed with the administrative law judge.

(4) An answer to a preliminary motion shall be in writing and include:

(a) A memorandum stating the reasons and any law that may be in support of the answer; and

(b) Certification that a copy has been mailed to all parties.

(5) The original and two copies of the answer shall be filed with the administrative law judge within 15 days of receipt of the original motion unless otherwise directed by the administrative law judge.

(6) The administrative law judge shall decide all motions without oral argument on the motions, unless the administrative law judge desires oral argument or testimony.

(7) If the administrative law judge desires oral arguments, the administrative law judge shall set the date, place, and time, and notify all parties.

Md. Code Regs. 14.03.01.10

Regulations .10egulations .10--.14 adopted effective October 30, 1989 (16:21 Md. R. 2263)
Regulation .10C amended effective April 6, 1979 (6:7 Md. R. 579)