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Ch. 530
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Martin O'Malley, Governor
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(C) BEFORE THE COMMENCEMENT OF AN INVESTIGATION OF AN
ADMINISTRATIVE COMPLAINT, COMMISSION STAFF SHALL REVIEW THE
COMPLAINT TO DETERMINE WHETHER:
(1) MEDIATION WOULD BE APPROPRIATE; AND
(2) BOTH PARTIES SHOULD BE CONTACTED TO ATTEMPT SUCH
MEDIATION IN A MANNER CONSISTENT WITH THE REGULATIONS ADOPTED
UNDER THIS TITLE.
19-107.
(a) [The Office] COMMISSION STAFF shall be responsible for [investigating]
DIRECTING AND CONDUCTING INVESTIGATIONS OF discrimination and retaliation
complaints filed under this title IN A MANNER CONSISTENT WITH ARTICLE 49B § 3,
§10, AND §11.
(b) The [Office] COMMISSION may request [that the Commission provide]
assignment of additional State personnel or outside consultants as may be
reasonably necessary or appropriate to conduct an investigation.
(c) (1) [The Office] COMMISSION STAFF shall exercise reasonable
judgment in seeking relevant evidence from the complainant, the respondent business
entity and, as necessary, external sources.
(2) This title may not be construed to require the State to fund the cost
of:
(i) having State staff or other individuals travel outside the
State to investigate any claim under this title; or
(ii) having witnesses travel to the State for the purpose of
investigating a claim or testifying at a hearing or proceeding under this title.
(d) (1) Consistent with ARTICLE 49B, § 13 OF THE CODE, the Public
Information Act, and the Open Meetings Act, the [Office] COMMISSION SHALL
PROTECT THE CONFIDENTIAL CHARACTER OF INFORMATION RELATING TO AN
INVESTIGATION AND may issue protective orders for good cause to limit, or otherwise
impose conditions on, access by any person to any document in the possession of a
party.
(2) A protective order issued under paragraph (1) of this subsection
may include:
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- 3445 -
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