5259
MONTGOMERY COUNTY

IN ITS DISCRETION DISMISS SUCH COMPLAINT OR ORDER SUCH
FURTHER INVESTIGATION AS MAY BE NECESSARY; PROVIDED,
HOWEVER, THAT THE COMMISSION PANEL SHALL NOT DISMISS SUCH
COMPLAINT WITHOUT FIRST AFFORDING THE COMPLAINANT AN
OPPORTUNITY TO APPEAR BEFORE THE COMMISSION PANEL.

(F)    IF, WITH RESPECT TO A MATTER WHICH IS BELIEVED
TO INVOLVE A VIOLATION OF THIS ARTICLE, (I) EFFORTS TO
CONCILIATE A COMPLAINT AFTER THE PARTIES HAVE, IN GOOD
FAITH, ATTEMPTED SUCH CONCILIATION HAVE FAILED, OR (II)
EFFORTS TO EFFECT AN INFORMAL CONCILIATION AGREEMENT OR A
FORMAL CONSENT AGREEMENT HAVE FAILED, OR (III) A
COMPLAINT IS DETERMINED NOT TO BE SUSCEPTIBLE OF
CONCILIATION, THE EXECUTIVE SECRETARY SHALL NOTIFY THE
COMMISSION PANEL IN WRITING IMMEDIATELY, AND THE
COMMISSION PANEL SHALL THEREAFTER SCHEDULE A PUBLIC
HEARING TO DETERMINE WHETHER A VIOLATION OF THIS ARTICLE
HAS BEEN COMMITTED. THE COMMISSION PANEL SHALL SERVE
UPON THE RESPONDENT A STATEMENT OF CHARGES AND A SUMMONS
AND SHALL SERVE UPON ALL INTERESTED PARTIES A NOTICE OF
THE TIME AND PLACE OF HEARING. IN ADDITION, THE
COMMISSION PANEL SHALL HAVE THE POWER TO SUBPOENA ALL
WITNESSES IT DEEMS NECESSARY TO SUCH HEARING. THE
RESPONDENT OR A DULY AUTHORIZED COUNSEL MAY FILE SUCH
STATEMENTS WITH THE COMMISSION PANEL PRIOR TO THE HEARING
DATE AS ARE DEEMED NECESSARY IN RESPONSE TO THE CHARGES.
THE HEARING SHALL BE OPENED TO THE PUBLIC, EXCEPT THAT
THE RESPONDENT OR THE COMPLAINANT MAY REQUEST IN WRITING
A PRIVATE HEARING AND THE DETERMINATION OF SUCH REQUEST
SHALL BE DISCRETIONARY WITH THE COMMISSION PANEL. THE
HEARING SHALL BE HELD NOT LESS THAN FIFTEEN (15) DAYS
AFTER SERVICE OF THE STATEMENT OF CHARGES AND SUMMONS.
THE SUMMONS SO ISSUED MUST BE SIGNED BY TWO MEMBERS OF
THE COMMISSION PANEL AND SHALL REQUIRE THE ATTENDANCE OF
NAMED PERSONS AND THE PRODUCTION OF RELEVANT DOCUMENTS
AND RECORDS. THE FAILURE TO COMPLY WITH A SUMMONS OR
SUBPOENA SHALL CONSTITUTE A VIOLATION OF THIS ARTICLE AND
MAY BE ENFORCED UNDER SECTION 27-39. THE INTERESTED
PARTIES MAY, AT THEIR OPTION, APPEAR BEFORE THE
COMMISSION PANEL IN PERSON OR BY A DULY AUTHORIZED
REPRESENTATIVE AND MAY HAVE THE ASSISTANCE OF AN
ATTORNEY. THE PARTIES MAY PRESENT TESTIMONY AND
EVIDENCE, AND THE RIGHT TO CROSS-EXAMINE WITNESSES SHALL
BE PRESERVED. ALL TESTIMONY AND EVIDENCE SHALL BE GIVEN
UNDER OATH OR BY AFFIRMATION. THE COMMISSION PANEL SHALL
KEEP A FULL RECORD OF THE HEARING, WHICH RECORD SHALL BE
PUBLIC AND OPEN TO INSPECTION BY ANY PERSON AND, UPON
REQUEST BY ANY PRINCIPAL PARTY TO THE PROCEEDING, THE
COMMISSION PANEL SHALL FURNISH SUCH PARTY A COPY OF THE
HEARING RECORD, IF ANY, AT SUCH COST AS THE COMMISSION
PANEL DEEMS APPROPRIATE.

(G)    IF AT THE CONCLUSION OF THE HEARING, THE
COMMISSION PANEL SHALL DETERMINE, UPON A PREPONDERANCE OF