Md. Code Regs. 14.03.01.16

Current through Register Vol. 51, No. 24, December 2, 2024

Section 14.03.01.16 - Investigatory Hearings by Commissioners

A. General.

(1) When a problem of racial discrimination arises, the Commission immediately may hold an investigatory hearing.

(2) The purpose of the investigatory hearing shall be to resolve the problem promptly by the gathering of all facts from all interested parties and making the recommendations as may be necessary.

(3) The place of the hearing shall be in the area where the problem exists.

B. Preliminary Investigations.

(1) Upon receipt of reliable information that a problem of racial discrimination may exist that is not covered by State Government Article, §§ 20-301"20-305, 20-401"20-402, 20-606"20-607, 20-703"20-706, and 20-901"20-902, Annotated Code of Maryland, the Commission may, upon a vote of the majority, appoint a committee to conduct an investigation on its own or refer the matter to the Commission staff for a prompt preliminary investigation.

(2) In conducting the investigation the Commission or staff, or both, shall:

(a) Contact all persons considered by the Commission to be an interested party outlining the nature of the reliable information and giving each party an opportunity to respond;

(b) Conduct interviews or hold conferences with any person or organization who may have relevant and credible information to determine whether further investigation is warranted by the Commission;

(c) Obtain any materials and documents relevant or necessary to clarify or resolve any potential issues;

(d) If possible or practical, attempt to resolve the problems and issues between all interested parties by conference, conciliation, and persuasion; and

(e) Prepare a written report of the results of the preliminary investigation which shall summarize the issues involved, present the positions of the interested parties, summarize pertinent potential witness testimony, summarize the contents of any documentary evidence obtained, and make a recommendation of further action, if any, to be taken by the Commission.

C. Notice of Hearings.

(1) After the preliminary investigation is completed and the written results are submitted to the Commission, the Commission, upon a majority vote, may conduct a public hearing to fully gather all facts.

(2) In the conduct of the hearing the Commission shall issue a public notice of the hearing which shall state:

(a) The time, date, and place of the hearing;

(b) The names of any designated interested parties;

(c) A general description of the issues to be considered at the hearing;

(d) That any party interested or member of the public may attend and present written or oral statements when the presiding officer is in attendance, concerning the announced issues; and

(e) That presentations may be limited as to time and that the number of spokespersons representing any groups or organization may be limited.

D. Conduct of Public Hearings.

(1) The chairperson of the Commission shall preside at the public hearings, which may be called to order without need for a quorum.

(2) If the chairperson is absent or has been disqualified, the vice-chairperson or another Commissioner shall preside.

(3) All testimony taken shall be under oath or affirmation.

(4) The chairperson or presiding officer, with the advice of a legal advisor, if needed, shall:

(a) Make all rulings as to evidence, testimony, and official notice;

(b) Set the order for the testimony of the witnesses, and set time limitations for the testimony; and

(c) Allow witnesses to make an opening statement, after which the chairperson and other Commissioners, including the Commission's general counsel, may question the witness.

(5) All evidence and testimony shall be relevant and pertain solely to the issues being considered in a particular proceeding.

(6) Redundant evidence or testimony may not be permitted at public hearings or in the records of proceedings.

(7) Nonexpert opinion testimony may be considered at a hearing and documentary opinion evidence may be entered in the record of a proceeding if the testimony or evidence is based on facts and matters admissible into evidence and the facts and matters are within the personal knowledge of the submitter of the document.

(8) Expert Testimony.

(a) Qualification as an expert shall be within the discretion of the chairperson.

(b) The expert qualification need not be based upon academic degrees or learning.

(c) Reasonably extensive practical experience with the subject may be sufficient for an expert qualification.

(9) Reliable and probative documents previously filed with or compiled by the Commission or its staff or consultants that are relevant to issues being considered by the Commission may be incorporated by reference into the record of a proceeding by the Commission or, with leave of the chairperson, by a party to the proceeding.

(10) Transcript of Hearing Record.

(a) The chairperson shall cause the testimony taken at the hearing to be transcribed.

(b) This transcript, together with written testimony, exhibits, and other materials introduced into evidence, shall constitute the record of the proceedings.

E. Subpoenas.

(1) At any time during the conduct of a preliminary investigation or the investigatory hearing the Commission may issue subpoenas directing a designated person to do the following:

(a) Appear to testify at a hearing or private prehearing conference conducted by the Commission or its staff;

(b) Appear at a specified time and date at the Commission offices or any designated place within the State, and, under oath or otherwise, give testimony and answer questions of the Commission or its staff; or

(c) Produce documents, reports, or records of a particular activity for a specific period of time if the designated person has custody of or access to the documents, reports, or records (the records may be in any reasonable form and the production shall be made at a specified time, date, and place).

(2) A subpoena shall be in whatever form is prescribed by the Commission and shall include:

(a) The name, title, if any, and address of the person upon whom it is to be served and the address at which it is to be served;

(b) The names, titles, or positions of the witnesses who shall appear and the time, date, and place of their appearance; and

(c) A reasonable specification of the documents, reports, or records, or all of these, to be produced at the designated time and date and place.

F. Decision and Recommendation of the Commission.

(1) The decision and the recommendation of the Commission shall be based solely on the testimony, examination, and evidence presented at the public hearing.

(2) The deliberations of the Commission may be held in private executive session.

(3) The decision shall be made by a majority of the Commission members who have attended all sessions of the public hearing, or who have read the record of hearings.

(4) The decision or the recommendation shall be in writing and shall state the reasons and grounds for the Commission's decision.

(5) The recommendations shall be directed to the affected interested parties as well as to any other appropriate private or public body. The Commission may also make recommendations to the Governor for additional legislation or changes in existing legislation.

(6) The Commission shall then publish a notice that:

(a) Copies of the Commission's decision and recommendations may be obtained by written request to the Commission offices; and

(b) The record of the complete proceeding is open for public inspection at the Commission offices during regular business hours.

Md. Code Regs. 14.03.01.16