Md. Code Regs. 19A.01.03.03

Current through Register Vol. 51, No. 26, December 27, 2024

Section 19A.01.03.03 - Preliminary Inquiry

A. The Commission may consider as a preliminary inquiry any matter that:

(1) Arises from any source, including the consideration of an advisory opinion;

(2) Involves past or ongoing conduct; and

(3) Presents a possible violation of State Government Article, Title 15, Annotated Code of Maryland.

B. The staff counsel shall, upon the direction of the Commission:

(1) Collect and review information pertaining to a preliminary inquiry; and

(2) Present this information to the Commission for its consideration.

C. The Commission may close a preliminary inquiry without issuing a complaint if the Commission determines that:

(1) The matter is not within the jurisdiction of the Commission;

(2) The information presented does not support the filing of a complaint; or

(3) Based on all the circumstances presented, further enforcement proceedings would not serve the purposes of State Government Article, Title 15, Annotated Code of Maryland.

D. A preliminary inquiry may also be closed by:

(1) Docketing the matter for consideration as an advisory opinion pursuant to COMAR 19A.01.02;

(2) Letter or other informal advice; or

(3) Other resolution agreed to by the subject.

Md. Code Regs. 19A.01.03.03

Regulations .03 under chapter "Complaint Procedures" repealed effective September 26, 1994 (21:19 Md. R. 1635)
Regulations .03 under chapter "Enforcement Procedures" adopted effective September 26, 1994 (21:19 Md. R. 1635)