Sec. 14.03.01.06. Default Procedures

A. Interrogatories - Default Procedure.

(1) If, after a respondent has been served with duly authorized interrogatories together with a notice of the consequences of the failure to answer them, the respondent fails either to answer the interrogatories or to file a motion to strike or exceptions to the interrogatories within the time specified, the Executive Director or designee shall serve or cause to be served upon the respondent the following notice:

“Notice is hereby given that a complaint has been served upon you alleging that you have violated State Government Article, Title 20, Annotated Code of Maryland. Pursuant to this Commission’s authority under State Government Article, Title 20, interrogatories have been served upon you. These interrogatories have not been answered. Your failure to answer fully the interrogatories under oath within 5 days after receipt of this notice may result in the entry of a default in the matter of this complaint. This default order may include the following sanctions:

(a) An admission that the interrogatories, if answered, would have established facts consistent with the claim of the complainant; and

(b) A waiver of your right to have this Commission conduct further investigation, find whether there is probable cause, make conciliation efforts, or hold a hearing allowing the presentation of any and all defenses to the complaint which you might have otherwise raised."

(2) Upon failure by the respondent to file full and complete answers to these interrogatories in accordance with this notice, the Executive Director or designee may certify the file and forward it to the General Counsel.

(3) The General Counsel shall prepare for submission to the Office of Administrative Hearings the case file, together with a petition seeking a default order and an affidavit of the Executive Director or designee which shall include:

(a) A statement that the complainant has filed the allegations of discriminatory practices within the time prescribed in State Government Article, §20-1004(c), Annotated Code of Maryland;

(b) The date of service of the complaint and interrogatories on the respondent and the date of service of any notice requiring answer to interrogatories, or extending the time in which to answer them, or both;

(c) The date of service of the complaint and interrogatories as appears from the return of process;

(d) A statement that the respondent has failed to reply to the interrogatories within the time required; and

(e) A statement that the respondent has been given notice of the consequences of failure to respond to the interrogatories.

(4) An administrative law judge shall determine whether the respondent is in default and shall issue the appropriate order and serve a copy of the order on all parties.

(5) If the administrative law judge determines that the respondent is in default, the administrative law judge may impose any or all of the sanctions set forth in §A(1) of this regulation as the administrative law judge finds appropriate.

(6) If the administrative law judge determines that the respondent is not in default, the administrative law judge shall deny the petition and return the case file to the Executive Director or designee for further investigative proceedings.

B. Petition to Vacate Default Order.

(1) Within 30 days after notice to the respondent of the entry of any default order, the respondent may petition the Commissioners sitting in their appellate capacity, as set forth in Regulation .12 of this chapter, to vacate the order and reopen the case for good cause shown.

(2) The respondent's assertion of good cause shall be in the form of an affidavit and shall include full and complete answers to the unanswered interrogatories.

(3) Oral argument is not permitted.

C. Issuance of Default Order. After the issuance of an order by the administrative law judge imposing sanctions:

(1) The case shall be logged in the Commission's official docket book for the purpose of hearing the complainant's evidence in support of the allegation of discrimination;

(2) A finding of probable cause shall be deemed made against the respondent;

(3) A failure of conciliation shall be presumed by respondent's default;

(4) The public hearing to be subsequently held on the merits of the complaint will be limited to whatever sanctions may be applied pursuant to §A(1) of this regulation; and

(5) The hearing may result in the issuance of a Commission order, pursuant to State Government Article, §20-1009(e), Annotated Code of Maryland.