§ 7-1-105. COMPLAINTS.

(a)

Filing.

(1)

(i)

A person may file with the Commission a written signed complaint alleging a violation of this title.

(ii)

The person shall file the complaint on a form provided by the Commission and under oath.

(2)

On its own motion, the Commission may issue a complaint to a respondent alleging a violation of this title.

(3)

The Commission shall promptly provide the respondent with a copy of the complaint.

(b)

Referral for investigation.

(1)

The Commission shall promptly refer a complaint to the Executive Director of the Commission for investigation.

(2)

The Executive Director shall:

(i)

Collect information relating to the allegations of the complaint; and

(ii)

Provide an investigative report to the Commission for review.

(3)

Investigatory records relating to preliminary inquiries initiated by the Commission shall be treated confidentially.

(c)

Determination to dismiss or proceed.

(1)

If the Commission determines from the investigative report that the information contained in the report does not merit further proceedings, the Commission shall:

(i)

Dismiss the complaint in a signed order; and

(ii)

Send the order of dismissal to the complainant and to the respondent immediately.

(2)

(i)

If the Commission determines from the investigative report that further proceedings are warranted, the Executive Director shall notify the complainant and the respondent that a hearing will be held on the complaint on a date specified in a written notice.

(ii)

The Commission shall dismiss the complaint by a signed order if:

1.

Within 15 days after the written notice is issued, the respondent takes an action that may be available to cure all alleged violations; and

2.

The Commission finds that the action is not contrary to the purposes of this title.

(d)

Hearing.

(1)

(i)

If the Commission does not dismiss the complaint under subsection (c) of this section, the Commission shall hold a hearing on the complaint.

(ii)

In preparation for the hearing, the respondent may use the subpoena power of the Commission.

(2)

(i)

At the hearing, the Executive Director shall present to the Commission all the evidence available relating to the complaint.

(ii)

The Executive Director may make a recommendation to the Commission on the disposition of the complaint.

(iii)

The respondent may be represented by counsel.

(iv)

The Commission shall conduct the proceedings in accordance with §§ 10-205, 10-208, 10-209, and 10-211 of the State Government Article of the Annotated Code of Maryland, to the extent those provisions are consistent with county law.

(e)

Hearing findings and conclusions. After consideration of all the evidence, the Commission shall:

(1)

Make written findings of fact and conclusions of law with respect to each of the alleged violations; and

(2)

File the findings of fact and conclusions of law within 45 days after the conclusion of the hearing.

(f)

Dismissal, reprimand, or order to cease and desist.

(1)

If the Commission decides that the respondent has not violated this title, the Commission shall:

(i)

Enter an order dismissing the complaint; and

(ii)

Immediately inform the complainant and the respondent of the dismissal.

(2)

If the Commission decides that the respondent has violated this title, the Commission may issue to the respondent:

(i)

An order to cease and desist from the violation; or

(ii)

A reprimand.

(3)

(i)

An order, reprimand, or recommendation issued by the Commission shall be signed by those members of the Commission who took part in the decision and who are in agreement with the order, reprimand, or recommendation.

(ii)

If the order, reprimand, or recommendation does not represent the unanimous opinion of the Commission, each member's signature shall reflect the member's support for any concurring, or dissenting opinion.

(g)

Closed meetings; confidentiality of information.

(1)

Unless and until the matter is referred for criminal prosecution or a finding of violation has been made:

(i)

All Commission records related to a complaint shall be confidential and may not be disclosed; and

(ii)

Notwithstanding any other provision of law, all proceedings, meetings, and activities regarding a complaint shall be confidential and shall be conducted in private.

(2)

(i)

Except as provided in subparagraph (ii) of this paragraph, the Commission, its staff, the complainant, and the respondent may not disclose information relating to the complaint, including the identity of the complainant and the respondent.

(ii)

The Commission may release information relating to the complaint if both the complainant and the respondent agree in writing to the release of information.

(3)

The Commission shall meet in closed session whenever it is considering a complaint being processed in accordance with this title or with rules and regulations adopted by the Commission until a final Commission determination is made regarding disposition of the complaint.

(h)

Transfer of duties of Executive Director. The Commission may allow the duties of the Executive Director under this section to be performed by the Office of Law or a law firm or lawyer selected under Article 3, Title 3, Subtitle 10 of the Code.

(1988 Code, §§ 28-5, 28-47) (Bill No. 91-99, § 2, 7-1-2004; Bill No. 72-03, § 4, 7-1-2004; Bill No. 4-19 , § 1, 3-31-2019)