Md. Code Regs. 14.37.02.07

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

Section 14.37.02.07 - Conduct of Ombudsman

A. The Ombudsman shall read and, consistent with State law, shall abide by the Standards of Conduct for Mediators during the mediation process.

B. The Ombudsman shall remain neutral, impartial, and independent during the mediation process.

C. Conflicts of Interest.

(1) The Ombudsman shall disclose to the parties all actual and potential conflicts of interest reasonably known to the Ombudsman.

(2) Notwithstanding an actual or potential conflict of interest, the Ombudsman may proceed to attempt to resolve a dispute if:

(a) The Ombudsman is able to conduct the mediation in a neutral, impartial, and independent manner; and

(b) The applicant and custodian have consented to proceed in writing.

(3) If the Ombudsman is unable to proceed in a neutral, impartial, and independent manner, or if the parties have not consented to proceed in light of an actual or potential conflict, then the Ombudsman shall:

(a) Withdraw from that mediation; and

(b) Issue a final determination as provided in Regulation .11 of this chapter stating that the dispute was not resolved through the Ombudsman due to conflict.

(4) If the Ombudsman withdraws from a mediation due to conflict, the Ombudsman may suggest to the parties an alternative dispute resolution resource.

D. In addition to or in lieu of mediation, the Ombudsman may engage in other reasonable efforts to resolve or prevent a dispute or potential dispute, such as by answering questions about the Act, by providing trainings on the Act, and by engaging in preliminary conversations with an applicant or custodian about the subject of a dispute or potential dispute.

Md. Code Regs. 14.37.02.07

Regulation .07 adopted effective 50:18 Md. R. 800, eff. 9/18/2023