Md. Code Regs. 14.03.05.05

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

Section 14.03.05.05 - Commercial Discrimination or Retaliation Complaint-Filing

A. Who May File. Any business entity who claims to have been aggrieved by an act or acts of unlawful commercial discrimination or retaliation prohibited by State Finance and Procurement Article, §§ 19-101 -19-120, Annotated Code of Maryland, may file a complaint with the Commission.

B. Persons Against Whom Complaint May Be Filed. A complaint may be filed against any business entity that has entered into a contract with the State and is alleged to have engaged in commercial discrimination or retaliation as prohibited by State Finance and Procurement Article, §§ 19-101 -19-120, Annotated Code of Maryland.

C. Manner of Filing.

(1) A complaint shall be filed at the offices of the Commission in person, by registered, certified, or regular mail, facsimile or other electronic media, or by delivery to any duly appointed representative of the Commission.

(2) Telephone Initiated Complaints.

(a) A complaint may be initiated by telephone to the Commission.

(b) If a complaint is issued by telephone:

(i) The Commission shall reduce information provided by telephone to writing on the prescribed complaint form; and

(ii) The Commission shall send the complaint form to the aggrieved person to be signed and affirmed as provided in §E of this regulation.

(c) A telephone initiated complaint is considered filed only upon receipt of the signed form or signed writing.

D. When Filed.

(1) A complaint shall be filed within 4 years after an alleged unlawful commercial discrimination or retaliation practice has occurred or terminated.

(2) If the alleged commercial discrimination or retaliation is of a continuing nature, the date of the occurrence of the unlawful practice shall be considered to be the date up to and including that date on which the unlawful practice ceased.

(3) A complaint is timely if filed within 4 years of the last alleged occurrence of an unlawful commercial discrimination or retaliation practice.

E. Form and Content of Complaint.

(1) A complaint shall be in writing and shall be signed and affirmed by the aggrieved person filing the complaint.

(2) The affirmation shall state "I declare under the penalty of perjury that the foregoing is true and correct."

(3) Complaint Forms.

(a) A complaint may be filed on a form provided by the Commission.

(b) A complaint form shall be made available to all persons at the Commission in Baltimore, Maryland, or other offices within the State that may be established.

(c) Personnel of the Commission shall render appropriate assistance to a complainant in filling out forms.

(d) Notwithstanding the availability of a Commission form, the Commission shall accept a written statement which substantially sets forth under this section the allegations of commercial discrimination or retaliation practices prohibited under State Finance and Procurement Article, §§ 19-101 -19-120, Annotated Code of Maryland.

(4) Each complaint shall contain substantially the following information:

(a) The name and address of the aggrieved person;

(b) The name and address of the respondent; and

(c) A concise statement of facts to include:

(i) A description of the activities constituting the alleged unlawful commercial discrimination or retaliation practice;

(ii) Pertinent dates showing that the alleged unlawful practice occurred within the past 4 years; and

(iii) A statement indicating that the discrimination or retaliation occurred in the State pursuant to State Finance and Procurement Article, § 19-107(f)(2), Annotated Code of Maryland.

F. Amendment of Complaint.

(1) A complaint may be reasonably and fairly amended at any time.

(2) The amendments may include, but are not limited to:

(a) Curing technical defects or omissions, including failure to sign or affirm the complaint;

(b) Clarifying and amplifying an allegation made in the complaint;

(c) Joining additional or substitute respondents; or

(d) Alleging additional acts that constitute unlawful commercial discrimination or retaliation practices under State Finance and Procurement Article, §§ 19-101 -19-120, Annotated Code of Maryland, and that relate back to or grow out of the subject matter of the original complaint.

(3) All amendments shall relate back to the original filing date.

Md. Code Regs. 14.03.05.05