§ 4-1A-07

Maryland § 4-1A-07

• Jurisdiction: Maryland
• Article ggp: General Provisions
• Title: 4

Text

(a) (1) The Board shall review the complaint and any response.

(2) The Board shall issue a written decision within 30 calendar days after receiving the written response and all information requested under § 4–1A–06(b) of this subtitle.

(b) (1) (i) Subject to subparagraph (ii) of this paragraph, if the Board is unable to reach a determination based on the written submissions before it, the Board may schedule an informal conference to hear from the complainant, the affected custodian or applicant, or any other person with relevant information about the subject of the complaint.

(ii) The Board shall hold the informal conference under subparagraph (i) of this paragraph in a location that is as convenient as practicable to the complainant and the affected custodian or applicant.

(2) When conducting a conference that is scheduled under paragraph (1) of this subsection, the Board may allow the parties to testify by teleconference or submit written testimony by electronic mail.

(3) An informal conference scheduled by the Board is not a contested case within the meaning of § 10–202(d) of the State Government Article.

(4) The Board shall issue a written decision within 30 calendar days after the informal conference.

(c) (1) If the Board is unable to issue a decision on a complaint within the time periods specified in subsection (a) or (b) of this section, the Board shall:

(i) state in writing the reason for its inability to issue a decision; and

(ii) issue a decision as soon as possible but not later than 120 days after the filing of the complaint.

(2) (i) A decision of the Board may state that the Board is unable to resolve the complaint.

(ii) A person may not appeal under § 4–1A–10 of this subtitle or § 4–362(a)(2) of this title a decision of the Board stating that the Board is unable to resolve the complaint.

(d) The Board shall send a copy of the written decision to the complainant and the affected custodian or applicant.