Sec. 19a.01.03.04. Complaints

A. Complaints from a Person.

(1) A person may file a complaint with the Commission.

(2) A complaint filed by a person pursuant to this section shall:

(a) Be written, signed, and under oath;

(b) Allege a violation of General Provisions Article, Title 5, Annotated Code of Maryland, by an official, employee, or any other person subject to the jurisdiction of the Commission as set forth in Regulation .01 of this chapter; and

(c) Contain sufficient facts to permit a preliminary investigation to be undertaken.

(3) The Commission shall accept for further proceedings any complaint filed by a person pursuant to this section unless the complaint:

(a) Is plainly frivolous; or

(b) Does not comply with the requirements of this section.

B. Complaints by the Commission.

(1) The Commission may issue a complaint on its own motion.

(2) The Commission may issue a complaint pursuant to this section when:

(a) A preliminary inquiry pursuant to Regulation .03 of this chapter results in sufficient evidence to believe a violation of General Provisions Article, Title 5, Annotated Code of Maryland, may have occurred; or

(b) Informal review in connection with an advisory opinion request under COMAR 19A.01.02 discloses information suggesting that past or continuing conduct of an official, employee, or other person subject to General Provisions Article, Title 5, may constitute a violation of General Provisions Article, Title 5.

(3) A Commission complaint shall be:

(a) Signed on the Commission's behalf by the Chairman or another member as authorized by the Commission;

(b) Otherwise in the same format as a complaint from any other person as set forth in §A(2) of this regulation; and

(c) Issued pursuant to action by the Commission taken consistent with the procedures set forth in COMAR 19A.01.01.

C. Amended Complaints.

(1) Consistent with the requirements of §B of this regulation, the Commission may on its own motion issue an amended complaint in any complaint either accepted or issued pursuant to §A or B of this regulation.

(2) An amended complaint may be issued based on additional information submitted by a complainant or on information available to the Commission as a result of a preliminary investigation and review as set forth in Regulations .05 and .06 of this chapter, and may either:

(a) Add or delete allegations as justified by the information; or

(b) Clarify the allegations of the original complaint.

(3) An amended complaint is subject to the same investigatory, review, and notice procedures as the original complaint.

D. A copy of any complaint or amended complaint accepted or issued by the Commission pursuant to §§A-C of this regulation shall be served on the respondent as set forth in Regulation .02F of this chapter.