Sec. 14.03.04.14. Certification for Hearing Processing

A. Upon failure of conciliation, the Executive Director or designee shall certify the case for hearing processing.

B. An entry identifying this case shall be logged in the Commission's official docket book, which shall be maintained by the Executive Director for cases pending hearing.

C. The Executive Director or designee shall forward the certified case file to the Commission's general counsel for further processing.

D. The General Counsel, on review of a certified file, may remand the case to the Executive Director or designee for:

(1) Further investigation and, in this case, shall state clearly the issues requiring further investigative proceedings; or

(2) Review of the findings and, in this case, shall state clearly the reason or reasons for the review.

E. The General Counsel, on review of a certified file, shall determine whether the matter involves the legality of local zoning or land use laws or ordinances and shall do the following:

(1) Immediately refer the investigative materials to the Attorney General for appropriate action in accordance with State Government Article, §20-1025(c)(1), Annotated Code of Maryland; and

(2) Notify the complainant, the aggrieved person, and the respondent of this action by certified mail or personal service.

F. Not less than 60 days after the General Counsel refers the matter to the Attorney General under §E of this regulation, the Commission may issue a charge or take other appropriate action in the matter.

G. If a federal or State civil action is commenced prior to the filing of the statement of charges alleging unlawful housing discrimination under the same facts, the Commission shall dismiss the case prior to the filing of the statement of charges pursuant to COMAR 14.03.01.04F.