Sec. 14.03.05.09. Interrogatories — Default Procedure

A. 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 Finance and Procurement Article, §§19-101-19-120, Annotated Code of Maryland. Pursuant to this Commission's authority under Title 20 of the State Government Article, Annotated Code of Maryland, 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:

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

(2) 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."

B. Upon failure by the respondent to file full and complete answers to the interrogatories in accordance with this notice, the Executive Director or designee may certify the file and forward it to the general counsel.

C. The general counsel shall prepare the following for submission to the Office of Administrative Hearings:

(1) The case file;

(2) A petition seeking a default order; and

(3) An affidavit of the Executive Director or designee.

D. The affidavit shall include:

(1) A statement that the complainant has filed the allegations of commercial discrimination or retaliation within the time prescribed in the State Finance and Procurement Article, §§19-101-19-120, Annotated Code of Maryland;

(2) The date of service of the complaint and interrogatories on the respondent;

(3) The date of service of any notices requiring an answer to the interrogatories, or extending the time in which to answer;

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

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

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

E. Administrative Determination.

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

(2) 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.

(3) 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 of this regulation as the administrative law judge finds appropriate.

F. 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 COMAR 14.03.01.12, 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 may not be permitted.

G. 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 certifying the case for public hearing of the complainant's evidence in support of the allegation of commercial discrimination or retaliation;

(2) Finding of probable cause shall be considered made against the respondent; and

(3) Failure of conciliation shall be presumed by respondent's default.

H. Public Hearing.

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

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