Ch. 563

LAWS OF MARYLAND

4-323. SAME — COMMENCEMENT OF PROCEEDINGS.

(A)  COMMENCEMENT.

SUBJECT TO THE PROVISIONS OF THIS SECTION, THE COMMISSION
SHALL COMMENCE PROCEEDINGS UNDER § 4-322 OF THIS SUBTITLE ON THE
COMPLAINT OF A MEMBER OR OF ANY OTHER PERSON.

(B)  FORM AND FILING OF COMPLAINT.

(1)  A COMPLAINT SHALL:

(I)  BE IN WRITING;

(II)  STATE SPECIFICALLY THE FACTS ON WHICH THE
COMPLAINT IS BASED; AND

(III)  BE FILED WITH THE COMMISSION.

(2)  IF A COMPLAINT IS MADE BY ANY PERSON OTHER THAN A
MEMBER OF THE COMMISSION, THE COMPLAINT SHALL BE MADE UNDER OATH
BY THE PERSON WHO FILES THE COMPLAINT.

(3)  A COMPLAINT MAY BE ACCOMPANIED BY DOCUMENTARY OR
OTHER EVIDENCE.

(C)  INVESTIGATION.

THE COMMISSION SHALL INVESTIGATE EACH COMPLAINT FILED WITH
THE COMMISSION IF THE COMPLAINT:

(1)  ALLEGES FACTS THAT ESTABLISH A PRIMA FACIE CASE
THAT IS GROUNDS FOR DISCIPLINARY ACTION UNDER § 4-322 OF THIS
SUBTITLE; AND

(2)  MEETS THE REQUIREMENTS OF THIS SECTION.

(D)  FINDINGS AND DISPOSITION AFTER INVESTIGATION.

(1)  ON CONCLUSION OF THE INVESTIGATION, THE
COMMISSION SHALL DETERMINE IF THERE IS A REASONABLE BASIS TO
BELIEVE THAT THERE ARE GROUNDS FOR DISCIPLINARY ACTION UNDER §
4-322 OF THIS SUBTITLE AGAINST THE APPLICANT OR LICENSEE.

(2)  (I) IF THE COMMISSION FINDS A REASONABLE BASIS AS
PROVIDED UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE COMMISSION
SHALL ACT ON THE COMPLAINT AS PROVIDED UNDER § 4-325 OF THIS
SUBTITLE.

(II) IF THE COMMISSION DOES NOT FIND A
REASONABLE BASIS AS PROVIDED UNDER PARAGRAPH (1) OF THIS
SUBSECTION, THE COMMISSION SHALL DISMISS THE COMPLAINT.

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