Md. Code Ann., Bus. Occ. & Prof. § 16-601
Commencement of proceedings by Commission
Effective Jul 1, 2011Added by Acts 1990, c. 594. Renumbered from Business Occupations and Professions § 15.5-601 by Acts 1994, c. 3, § 13, eff. Feb. 28, 1994. Amended by Acts 2001, c. 470, § 1, eff. Oct. 1, 2001; Acts 2011, c. 269, § 1, eff. July 1, 2011; Acts 2011, c. 270, § 1, eff. July 1, 2011.State of Maryland
- (a) Subject to the provisions of this section, the Commission shall start proceedings under § 16-701, § 16-701.1, or § 16-701.2 of this title on a complaint made to the Commission by any person.
(b)
(1) A complaint shall:
- (i) be in writing; and
- (ii) state specifically the facts on which the complaint is based.
- (2) If a complaint is made by any person other than the Commission, the complaint shall be made under oath by the person who submits the complaint.
- (3) A complaint may be accompanied by documentary or other evidence.
(c) The Commission shall investigate each complaint submitted to the Commission if the complaint:
- (1) alleges facts that establish a prima facie case that is grounds for disciplinary action under § 16-701, § 16-701.1, or § 16-701.2 of this title; and
- (2) meets the requirements of this section.
(d)
- (1) On conclusion of the investigation, the Commission shall determine if there is a reasonable basis to believe that there are grounds for disciplinary action under § 16-701, § 16-701.1, or § 16-701.2 of this title against an applicant or licensee.
(2)
- (i) If the Commission finds a reasonable basis as provided under paragraph (1) of this subsection, the Commission shall act on the complaint as provided under § 16-602 of this subtitle.
- (ii) If the Commission does not find a reasonable basis as provided under paragraph (1) of this subsection, the Commission shall dismiss the complaint.
Added by Acts 1990, c. 594. Renumbered from Business Occupations and Professions § 15.5-601 by Acts 1994, c. 3, § 13, eff. Feb. 28, 1994. Amended by Acts 2001, c. 470, § 1, eff. Oct. 1, 2001; Acts 2011, c. 269, § 1, eff. July 1, 2011; Acts 2011, c. 270, § 1, eff. July 1, 2011.