3189
MONTGOMERY COUNTY

ORDER SUCH FURTHER INVESTIGATION AS IT DEEMS
APPROPRIATE.

93A-36. EXECUTIVE DIRECTOR ACTION; VIOLATION OF
CHAPTER OF DEFECTIVE TENANCY FOUND.

IF THE EXECUTIVE DIRECTOR, IN INVESTIGATING A
COMPLAINT, DETERMINES THAT THERE ARE REASONABLE
GROUNDS TO BELIEVE THAT A VIOLATION OF THIS CHAPTER
HAS OCCURRED OR A DEFECTIVE TENANCY EXISTS, HE SHALL
ATTEMPT TO CONCILIATE THE MATTER BY METHODS OF INITIAL
CONFERENCE AND PERSUASION WITH ALL INTERESTED PARTIES
AND SUCH REPRESENTATIVES AS THE PARTIES MAY CHOOSE TO
ASSIST THEM. IN ATTEMPTING SUCH CONCILIATION, HE MAY
UTILIZE THE GOOD OFFICES OF THE COMMISSION.
CONCILIATION CONFERENCES SHALL BE INFORMAL AND
CONFIDENTIAL AND NOTHING SAID OR DONE DURING SUCH
INITIAL CONFERENCES SHALL PREJUDICE THE EIGHTS OF THE
PARTIES.

93A-37. CONCILIATED COMPLAINTS.

(A)    IF A COMPLAINT IS CONCILIATED, THE TERMS OF
CONCILIATION AGREED TO BY THE PARTIES MAY BE REDUCED
TO WRITING AND INCORPORATED INTO A CONSENT AGREEMENT
TO BE SIGNED BY THE PARTIES. THE AGREEMENT SHALL BE
FOR CONCILIATION PURPOSES ONLY AND DOES NOT CONSTITUTE
AN ADMISSION BY ANY PARTY THAT A VIOLATION OF THIS
CHAPTER HAS OCCURRED OR A DEFECTIVE TENANCY EXISTS.
CONSENT AGREEMENTS SHALL BE SIGNED ON BEHALF OF THE
COMMISSION BY ITS CHAIRMAN, OR HIS DESIGNEE.

(B)   IT SHALL BE A VIOLATION OF THIS CHAPTER TO
FAIL TO ADHERE TO ANY PROVISION CONTAINED IN A CONSENT
AGREEMENT. ANY FAILURE BY THE COMMISSION TO ENFORCE A
VIOLATION OF ANY PROVISION OF A CONSENT AGREEMENT
SHALL HOT CONSTITUTE A WAIVER OF ANY RIGHTS OF THE
NONVIOLATING PARTY OR THE COMMISSION CONTAINED IN SUCH
AGREEMENT.

93A-38. FAILURE TO CONCILIATE COMPLAINTS.

IF THE EXECUTIVE DIRECTOR (I) FAILS TO CONCILIATE
A COMPLAINT AFTER THE PARTIES HAVE, IN GOOD FAITH,
ATTEMPTED SUCH CONCILIATION OR (II) FAILS TO EFFECT AN
INFORMAL CONCILIATION AGREEMENT OR FORMAL CONSENT
AGREEMENT OR (III) DETERMINES THAT A COMPLAINT IS NOT
SUSCEPTIBLE OF CONCILIATION, HE SHALL NOTIFY THE
COMMISSION IMMEDIATELY AND THE COMMISSION MAY
THEREAFTER SCHEDULE A HEARING TO DETERMINE WHETHER A