PARRIS N. GLENDENING, Governor                             Ch. 675

CONCERNING PERSONS REQUIRED TO FILE STATEMENTS UNDER § 5-405 OF THIS
TITLE AND IN CONNECTION WITH THE OPERATION OF A CEMETERY OR THE SALE OF
PRENEED GOODS.

(3) THE DIRECTOR MAY NOT TAKE ANY ACTIONS DESCRIBED IN
SUBSECTION (D)(1) AND (2) OF THIS SECTION FOR COMPLAINTS INVOLVING PERSONS
EXEMPT UNDER § 5-102.

(D)    IF THE DIRECTOR IS UNABLE TO MEDIATE NEGOTIATE A SETTLEMENT OF
THE COMPLAINT, THE DIRECTOR MAY:

(1)     AT THE REQUEST OF EITHER PARTY, REFER THE COMPLAINT TO
THE OFFICE OF THE ATTORNEY GENERAL OR THE OFFICE OF ADMINISTRATIVE
HEARINGS FOR BINDING ARBITRATION, IF BOTH PARTIES AGREE TO BINDING
ARBITRATION;

(2)     INITIATE AN INVESTIGATION; OR

(3)     DISMISS THE COMPLAINT.

(E)     IF, AFTER INVESTIGATION, THE DIRECTOR DETERMINES THAT THERE IS
A REASONABLE BASIS TO BELIEVE THAT THERE ARE GROUNDS FOR DISCIPLINARY
ACTION UNDER § 5-310 OF THIS TITLE, THE CASE SHALL BE SET DIRECTOR SHALL
PROVIDE THE PERSON AGAINST WHOM THE ACTION IS CONTEMPLATED NOTICE
AND AN OPPORTUNITY FOR A HEARING UNDER § 5-312 OF THIS SUBTITLE.

(F)     (1) IF A COMPLAINT IS NOT SET FOR A HEARING AFTER BEING
INVESTIGATED BY THE DIRECTOR, THE COMPLAINT SHALL BE DISMISSED IF, AFTER
INVESTIGATION. THE DIRECTOR DETERMINES THAT THERE IS NOT A REASONABLE
BASIS TO BELIEVE THAT THERE ARE GROUNDS FOR DISCIPLINARY ACTION, THE
DIRECTOR SHALL DISMISS THE COMPLAINT.

(2)     ANY PARTY AGGRIEVED BY THE DISMISSAL MAY TAKE A JUDICIAL
APPEAL IN ACCORDANCE WITH THE PROVISIONS OF TITLE 10 OF THE STATE
GOVERNMENT ARTICLE.

(G)    (1) ONCE A COMPLAINT HAS BEEN REFERRED FOR BINDING
ARBITRATION, THE REGISTRANT OR PERMIT HOLDER SHALL COMPLY WITH THE
TERMS OF THE SETTLEMENT.

(2)     IF A REGISTRANT OR PERMIT HOLDER HAS FAILED TO COMPLY
WITH THE TERMS OF THE ARBITRATION SETTLEMENT, THE DIRECTOR SHALL,
AFTER THE APPEAL PERIOD HAS PASSED, CONDUCT A HEARING ON THE
ARBITRATION SETTLEMENT IN ACCORDANCE WITH § 5-312 OF THIS SUBTITLE.

(H) (1) THE DIRECTOR SHALL ADOPT GUIDELINES THAT ESTABLISH A
SCHEDULE FOR THE PROMPT AND TIMELY PROCESSING AND RESOLUTION OF EACH
COMPLAINT MADE TO THE DIRECTOR.

(2) BEGINNING DECEMBER 31, 1998, AND ON OR BEFORE DECEMBER 31 OF
EACH YEAR THEREAFTER, THE DIRECTOR SHALL REPORT. SUBJECT TO § 2-1312 OF
THE STATE GOVERNMENT ARTICLE TO THE GENERAL ASSEMBLY ON THE NUMBER

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