Sec. 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 General Provisions Article, Title 5, 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 General Provisions Article, Title 5, 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.