1. A. The Commission may consider as a preliminary inquiry any matter that:

   1. (1) Arises from any source, including the consideration of an advisory opinion;
   2. (2) Involves past or ongoing conduct; and
   3. (3) Presents a possible violation of General Provisions Article, Title 5, Annotated Code of Maryland.

2. B. The staff counsel shall, upon the direction of the Commission:

   1. (1) Collect and review information pertaining to a preliminary inquiry; and
   2. (2) Present this information to the Commission for its consideration.

3. C. The Commission may close a preliminary inquiry without issuing a complaint if the Commission determines that:

   1. (1) The matter is not within the jurisdiction of the Commission;
   2. (2) The information presented does not support the filing of a complaint; or
   3. (3) Based on all the circumstances presented, further enforcement proceedings would not serve the purposes of General Provisions Article, Title 5, Annotated Code of Maryland.

4. D. A preliminary inquiry may also be closed by:

   1. (1) Docketing the matter for consideration as an advisory opinion pursuant to COMAR 19A.01.02;
   2. (2) Letter or other informal advice; or
   3. (3) Other resolution agreed to by the subject.

Authority: General Provisions Article, Title 5, Subtitle 4, Annotated Code of Maryland

Effective date: March 20, 1981 (8:6 Md. R. 562)

Regulations .01—.08 under chapter “Complaint Procedures” repealed effective September 26, 1994 (21:19 Md. R. 1635)

Regulations .01—.12 under chapter “Enforcement Procedures” adopted effective September 26, 1994 (21:19 Md. R. 1635)

Regulation .02B amended effective January 16, 2017 (44:1 Md. R. 12)

Regulation .09B, C amended effective January 16, 2017 (44:1 Md. R. 12)

Regulation .10G amended effective January 16, 2017 (44:1 Md. R. 12)

Regulation .11 amended effective August 8, 2011 (38:16 Md. R. 946); May 25, 2015 (42:10 Md. R. 685)