Md. Code Ann., Gen. Prov. § 4-1A-07
Redline — January 1, 2019 → current.View current text →
Current — January 1, 2022
As of January 1, 2019
(a) (1) The Board shall review the complaint and any response.
(a) (1) The Board shall review the complaint and any response.
(2) If the information in the complaint and response is sufficient for making a determination based on the Board’s own interpretation of the evidence, within 30 days after receiving the response, the Board shall issue a written opinion as to whether a violation of this title has occurred or will occur.
(2) The Board shall issue a written decision within 30 calendar days after receiving the written response and all information requested under § 4–1A–06(b) of this subtitle.
(b) (1) (i) Subject to subparagraph (ii) of this paragraph, if the Board is unable to reach a determination based on the written submissions before it, the Board may schedule an informal conference to hear from the complainant, the custodian, or any other person with relevant information about the subject of the complaint.
(b) (1) (i) Subject to subparagraph (ii) of this paragraph, if the Board is unable to reach a determination based on the written submissions before it, the Board may schedule an informal conference to hear from the complainant, the affected custodian or applicant, or any other person with relevant information about the subject of the complaint.
(ii) The Board shall hold the informal conference under subparagraph (i) of this paragraph in a location that is as convenient as practicable to the complainant and the custodian.
(ii) The Board shall hold the informal conference under subparagraph (i) of this paragraph in a location that is as convenient as practicable to the complainant and the affected custodian or applicant.
(2) When conducting a conference that is scheduled under paragraph (1) of this subsection, the Board may allow the parties to testify by teleconference or submit written testimony by electronic mail.
(2) When conducting a conference that is scheduled under paragraph (1) of this subsection, the Board may allow the parties to testify by teleconference or submit written testimony by electronic mail.
(3) An informal conference scheduled by the Board is not a contested case within the meaning of § 10–202(d) of the State Government Article.
(3) An informal conference scheduled by the Board is not a contested case within the meaning of § 10–202(d) of the State Government Article.
(4) The Board shall issue a written opinion within 30 days after the informal conference.
(4) The Board shall issue a written decision within 30 calendar days after the informal conference.
(c) (1) If the Board is unable to issue an opinion on a complaint within the time periods specified in subsection (a) or (b) of this section, the Board shall: (i) state in writing the reason for its inability to issue an opinion; and (ii) issue an opinion as soon as possible but not later than 90 days after the filing of the complaint. (2) An opinion of the Board may state that the Board is unable to resolve the complaint.
(c) (1) If the Board is unable to issue a decision on a complaint within the time periods specified in subsection (a) or (b) of this section, the Board shall: (i) state in writing the reason for its inability to issue a decision; and (ii) issue a decision as soon as possible but not later than 120 days after the filing of the complaint. (2) (i) A decision of the Board may state that the Board is unable to resolve the complaint. (ii) A person may not appeal under § 4–1A–10 of this subtitle or § 4–362(a)(2) of this title a decision of the Board stating that the Board is unable to resolve the complaint.
(d) The Board shall send a copy of the written opinion to the complainant and the affected custodian.
(d) The Board shall send a copy of the written decision to the complainant and the affected custodian or applicant.
Official source: Maryland General Assembly. Reproduced from public-domain Maryland statutes; confirm against the official source for the current text. Not legal advice.