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2007 Laws of Maryland
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Ch. 348
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(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 OF
THIS TITLE.
(d) If the Director OR THE DIRECTOR'S DESIGNEE is unable to 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
subtitle, the 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, 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) Once a complaint has been referred for binding arbitration, the
registrant, permit holder, or any other person subject to the registration or permit
provisions of this title shall comply with the terms of the settlement.
(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 § 2-1246 of the State
Government Article, to the General Assembly on:
(I) the number of complaints resolved within the schedule
adopted under paragraph (1) of this subsection [and];
(II) the number of complaints received under subsection (c)(2) of
this section BY THE TYPE OF REGISTRANT, PERMIT HOLDER, OR EXEMPTION
FROM THE REGISTRATION AND PERMIT REQUIREMENTS OF THIS TITLE;
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- 2188 -
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