- A. The Commission shall consider the preliminary report submitted by the staff counsel pursuant to Regulation .05 of this chapter.
B. The Commission shall dismiss the complaint if it determines that:
- (1) The report contains evidence of a cure of all violations, and dismissal would not be contrary to the purposes of General Provisions Article, Title 5, Annotated Code of Maryland;
- (2) The evidence does not raise sufficient likelihood of a violation of General Provisions Article, Title 5, Annotated Code of Maryland, to merit further proceedings; or
- (3) A proposed resolution agreed to by the staff counsel and the respondent is accepted and supports a conclusion that the matter does not merit further proceedings.
C. Dismissal of a complaint pursuant to §B of this regulation shall be:
- (1) By written order signed by the Chairman or other designated member on behalf of the Commission; and
- (2) Served on the respondent as set forth in Regulation .02F of this chapter.
- D. If a complaint filed by a person other than the Commission is dismissed pursuant to §B of this regulation, the complainant shall be advised of the fact of the dismissal.
- E. If, after preliminary consideration by the Commission, a complaint is not dismissed pursuant to §B of this regulation, the Commission shall issue a hearing notice as set forth in Regulation .07 of this chapter.
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Regulations .01—.08 under chapter “Complaint Procedures” repealed effective September 26, 1994 (21:19 Md.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)