reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.01 - Rules of Procedure; Public Hearing Process › Section 14.03.01.15 - Special Provisions for the Commission-Initiated Complaints

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commission
				may make and file a complaint in its name in the same manner as if the
				complaint had been filed by an individual or individuals, when it has received
				reliable information that any person has been engaged or is engaged in an
				unlawful discriminatory practice in violation of State Government Article,
				Title 20, Annotated Code of Maryland.
B. Initiation of Commission Complaints.
(1) Upon receipt by the Commission of
				reliable information that a person is engaged, or has been engaged, in unlawful
				discriminatory practices warranting the initiation of a Commission complaint,
				the Executive Director or designee shall present the information in writing to
				the Commission chairperson for consideration.
(2) If, in the judgment of the chairperson, a
				preliminary investigation is warranted, the chairperson shall direct the
				Executive Director to undertake such an investigation.
(3) Upon completion of the investigation the
				Executive Director shall forward to the general counsel a written summary of
				the investigation together with instructions to prepare a formal Commission
				complaint.
(4) The general counsel
				shall forward this complaint to the Executive Director who shall present the
				complaint to the chairperson for authorization by three Commissioners which,
				upon this authorization, shall constitute a Commission complaint.
(5) If the Commission authorizes a complaint
				under this section, it shall be forwarded to the Executive Director for
				processing in accordance with these regulations as otherwise applicable to
				complaints filed.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.01 - Rules of Procedure; Public Hearing Process › Section 14.03.01.16 - Investigatory Hearings by Commissioners

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
(1) When a problem of racial discrimination
				arises, the Commission immediately may hold an investigatory hearing.
(2) The purpose of the investigatory hearing
				shall be to resolve the problem promptly by the gathering of all facts from all
				interested parties and making the recommendations as may be
				necessary.
(3) The place of the
				hearing shall be in the area where the problem exists.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.01 - Rules of Procedure; Public Hearing Process › Section 14.03.01.17 - Declaratory Rulings

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
(1) An interested person may submit to the
				Commission a petition for a declaratory ruling with respect to the manner in
				which the Commission would apply the provisions of State Government Article,
				Title 20, Annotated Code of Maryland, to a person on the facts set forth in the
				petition.
(2) The Commission may,
				in its sound discretion, declare whether any policy, practice, or conduct
				constitutes or would constitute unlawful discrimination within the meaning of
				State Government Article, §§
										20-301"20-305,
				20-401"20-402, 20-606"20-607, 20-609, 20-701, 20-703"20-706, 20-709, and
				20-901"20-902, Annotated Code of Maryland.
(3) This section shall be invoked solely for
				the purpose of determining the rights of the parties in the event of a
				controversy or uncertainty as to applicable law. Any issue or matter which is
				the subject of a formal complaint or Commission investigation is outside the
				scope of this section.
(4) An
				opinion or declaration made by any officer or employee of the Commission may
				not bind the Commission except as provided in this section or by Regulation
				.07, .09, .10, .12, or .17 of this chapter.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.01 - Rules of Procedure; Public Hearing Process › Section 14.03.01.18 - Public Information Act Requests

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
(1) This regulation sets out the procedures
				for filing requests with the Maryland Commission on Human Relations for the
				inspection and copying of records under the Public Information Act, State
				Government Article, §§
										10-611 -10-630,
				Annotated Code of Maryland.
(2) It
				is the policy of the Commission to facilitate public access to the records of
				the Commission, when that access is allowed by law, by minimizing costs and
				time delays to persons requesting information.
(3) It is also the policy of the Commission
				to safeguard and preserve the confidentiality of investigations of complaints
				made under State Government Article, Title 20, Annotated Code of Maryland, by
				restricting access to records when access is prohibited or restricted by
				law.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.01 - Rules of Procedure; Public Hearing Process › Section 14.03.01.19 - Application and Processing of Public Information Act Requests

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applications.
(1) A person or governmental unit that wishes
				to inspect a public record shall submit a written application to the
				custodian.
(2) If the individual to
				whom the application is submitted is not the custodian of the record, within 10
				working days after receiving the application, the individual shall give the
				applicant notice of that fact and, if known, shall provide the name of the
				custodian and the location or possible location of the public record.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.01 - Rules of Procedure; Public Hearing Process › Section 14.03.01.20 - Review of the Denial of Public Information Act Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. Request for Review.
(1) If a written application is denied by the
				custodian for a reason other than that the record is temporarily unavailable,
				the applicant may, within 30 days after receipt of the notice of the denial,
				request administrative review of the denial, as described in §A(2) of this
				regulation.
(2) An applicant shall
				request administrative review of denial of an application for information by
				filing a written request within 30 days of the denial with the Chairperson of
				the Commission on Human Relations.
(3) In the written request for review, the
				applicant shall state their name, shall sign the request, shall identify by
				brief description the record sought, and include a copy of the writing from the
				custodian denying the request.
(4)
				The Chairperson shall issue the final decision of the Commission within 60 days
				of the request for review, unless the applicant requests a hearing as described
				in §A(5) of this regulation.
(5) Request for Administrative Hearing.
(a) If the applicant requests a hearing, the
				hearing shall be conducted by an administrative law judge designated by the
				chairperson.
(b) The hearing shall
				be governed by the Commission's rules of procedure in Regulation .11G of this
				chapter.
(c) After the hearing, the
				administrative law judge shall prepare a recommended decision for the
				Chairperson.
(d) The Chairperson
				shall issue the final decision of the Commission within 60 days of the date of
				the hearing.
(6) Request
				for Judicial Enforcement. If the applicant chooses not to request an
				administrative review under §A(1) of this regulation, the applicant may
				file an action for judicial enforcement under State Government Article,
				§10-623, Annotated Code of Maryland, without exhausting that
				administrative remedy, as provided by State Government Article,
				§§10-622 and 10-623, Annotated Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.01 - Rules of Procedure; Public Hearing Process › Section 14.03.01.21 - Amendments to These Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Process.
(1) Pursuant to State Government
				Article, §
										10-123, Annotated
				Code of Maryland (Administrative Procedure Act), an interested person may
				petition this agency requesting the promulgation, amendment, or repeal of any
				regulation.
(2) Within 60 days
				after receipt of the petition, the Commission will either deny the petition in
				writing, stating the reasons for the denial, or initiate the rule-making
				proceedings which would accomplish the promulgation, amendment, or
				repeal.
(3) The petition shall be
				addressed to the Executive Director, shall state clearly the intent and, when
				possible, the wording of the proposal, as well as a concise statement of the
				reason or reasons.
(4) The
				Executive Director or designee shall submit the petition, along with
				recommendations, to the Commissioners for their consideration.
(5) A written report of the Commission's
				action shall be sent to the petitioner within 60 days of its receipt by the
				Commission.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.01 - Rules of Procedure; Public Hearing Process › Section 14.03.01.22 - State Waiver of Sovereign Immunity

Current through Register Vol. 51, No. 14, July 12, 2024
A. If an award is made against the State
				under this title, the State shall pay the award as soon as practicable within
				20 days after the award is final, provided that the State has sufficient money
				available at the time an award is made.
B. Payment of an award made against the State
				under this title shall be made in accordance with State Government Article,
				§
									20-904, Annotated
				Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.02 - Anti-Discrimination Relating to Persons with Disabilities › Section 14.03.02.01 - Statement of General Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations were adopted to contribute to the
				  implementation of nondiscriminatory policies in employment and public
				  accommodations with respect to persons with disabilities as required by State
				  Government Article, Title 20, Annotated Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.02 - Anti-Discrimination Relating to Persons with Disabilities › Section 14.03.02.03 - Verification of a Disability

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Commission may require the complainant to sign a waiver for the Commission to
				obtain verification of the existence, nature, and extent of the complainant's
				disability from a physician or other health care provider, based on medically
				accepted clinical or laboratory diagnostic techniques.
B. The determination of whether an individual
				has a physical or mental impairment, or is substantially limited in a major
				life activity, or both, shall be made on a case-by-case basis and without
				regard to the mitigating effects of any remedial appliance or device.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.02 - Anti-Discrimination Relating to Persons with Disabilities › Section 14.03.02.04 - Employment

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unlawful
				Employment Practices Generally. It is an unlawful employment practice for a
				covered entity to discriminate on the basis of disability against a qualified
				individual with a disability with regard to:
(1) Recruitment, advertising, and job
				application procedures;
(2) Hiring,
				upgrading, promotion, tenure, demotion, transfer, layoff, termination, right of
				return from layoff, and rehiring;
(3) Rate of pay, other form of compensation,
				and change in compensation;
(4) Job
				assignment, job referral, job classification, organizational structure,
				position description, line of progression, and seniority list;
(5) Leave of absence, sick leave, family
				leave, or other leave;
(6) Fringe
				benefits available by reason of employment, whether administered by the covered
				entity, except for underwriting or rate-setting practices of an insurer, as
				that term is defined in Insurance Article, §
										1-101(v),
				Annotated Code of Maryland;
(7)
				Union membership;
(8) Selection and
				financial support for training, including apprenticeship, professional
				meetings, conferences, and other related activities, and selection for leave of
				absence to pursue training;
(9)
				Employer-sponsored activities, including social or recreational programs;
				and
(10) Any other term, condition,
				or privilege of employment.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.02 - Anti-Discrimination Relating to Persons with Disabilities › Section 14.03.02.05 - Reasonable Accommodation in Employment

Current through Register Vol. 51, No. 14, July 12, 2024
A. A covered entity:
(1) Shall make a reasonable accommodation to
				the known physical or mental limitations of a qualified individual with a
				disability;
(2) Is not required to
				provide an accommodation, if it demonstrates that the accommodation would
				impose undue hardship on the operation of its business or program;
				and
(3) May not deny an employment
				opportunity to a qualified individual with a disability, if the basis for the
				denial is the need to accommodate the individual's physical or mental
				limitations, and this accommodation, if attempted, would be
				reasonable.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.02 - Anti-Discrimination Relating to Persons with Disabilities › Section 14.03.02.06 - Undue Hardship in Employment

Current through Register Vol. 51, No. 14, July 12, 2024
A. The covered entity has the burden of
				proving an inability to accommodate a qualified individual with a
				disability.
B. In determining
				whether an accommodation would impose an undue hardship on the covered entity's
				business or program, the following factors shall be considered:
(1) The nature and cost of the accommodation
				needed;
(2) The financial resources
				of the covered entity, and any parent corporation if applicable;
(3) The size of the business with respect to
				the number and type of facilities;
(4) The type of business or program,
				including the composition and structure of the work force;
(5) The ability of the covered entity to
				conduct business or operate programs with the accommodation;
(6) The effect of the accommodation on other
				employees' performance; and
(7)
				Legitimate safety concerns.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.02 - Anti-Discrimination Relating to Persons with Disabilities › Section 14.03.02.07 - Preemployment Inquiries

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except
				as provided in §C of this regulation, a covered entity may not conduct a
				preemployment inquiry or medical examination to ascertain the existence of or
				the severity of a disability.
B. A
				covered entity may make a preemployment inquiry into an applicant's ability to
				perform job-related functions.
C.
				This section does not prohibit a covered entity from conditioning an offer of
				employment on the results of a medical examination conducted before the
				employee's entrance on duty, if:
(1) All
				entering employees in the same job category are subjected to the examination
				regardless of disability; and
(2)
				The results of the examination are used only in accordance with the
				requirements of §D of this regulation.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.02 - Anti-Discrimination Relating to Persons with Disabilities › Section 14.03.02.08 - Affirmative Defenses

Current through Register Vol. 51, No. 14, July 12, 2024
A. Bona
				Fide Occupational Qualification.
(1) A covered
				entity may take discriminatory actions otherwise prohibited under this chapter
				if mental or physical ability is a bona fide occupational qualification (BFOQ),
				reasonably necessary to the normal operation of the business or
				program.
(2) A covered entity has
				the burden of establishing the existence of a BFOQ. In determining whether the
				BFOQ defense, narrowly construed, has been met, a covered entity shall show
				that the particular standard or regulation is reasonably necessary to the
				normal operation of that business, and that:
(a) All or substantially all individuals with
				the particular disability would be unable, even with reasonable accommodation,
				to perform the duties of the job in question; or
(b) It is impossible or highly impractical to
				determine, on an individual basis, whether an individual with the particular
				disability would be able to perform the duties of the job in
				question.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.02 - Anti-Discrimination Relating to Persons with Disabilities › Section 14.03.02.11 - Undue Hardship or Expense in Public Accommodations

Current through Register Vol. 51, No. 14, July 12, 2024
A. An owner, operator, manager, or lessor of
				a place of public accommodation is not required to make a reasonable
				accommodation, if it is demonstrated that the accommodation would impose undue
				hardship or expense to the operation of the business or program.
B. The owner, operator, manager, or lessor of
				a place of public accommodation has the burden of proving an inability to
				accommodate an individual with a disability because of undue hardship or
				expense.
C. In determining if an
				accommodation would impose undue hardship or expense, the following factors
				shall be considered:
(1) The nature and cost
				of the accommodation needed;
(2)
				The financial resources of the individual or entity that owns, operates,
				manages, or leases the place of public accommodation, and a parent corporation,
				if applicable;
(3) The overall size
				of the place of public accommodation, and number and type of
				facilities;
(4) The type of
				business or program of the public accommodation; and
(5) Legitimate safety requirements that are
				necessary for safe operation.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.02 - Anti-Discrimination Relating to Persons with Disabilities › Section 14.03.02.12 - Qualified Historic Buildings and Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. An owner, operator, manager, or lessor of
				a qualified historic building or facility that is a place of public
				accommodation shall comply with the reasonable accommodation requirements of
				Regulation .10 of this chapter.
B.
				In determining whether a particular accommodation is reasonable, in addition to
				the factors set forth in Regulation .11 of this chapter, the impact of the
				accommodation on the historical significance of a qualified historic building
				or facility shall be considered. A public accommodation is not required to take
				any action that would threaten, or destroy the historical significance of the
				building or facility.
C. In making
				this determination, the Commission staff shall:
(1) Identify the historically significant
				features, finishes, materials, spaces, and spatial relationships that
				characterize the property, as well as the secondary features, finishes,
				materials, spaces, and spatial relationships, including previously altered
				areas and later additions, that may be less important to historic
				character;
(2) Consult with the
				appropriate federal, State, or local government officials or agencies with
				oversight responsibilities, or all of these officials, including but not
				limited to, the State Historic Preservation Officer, the Maryland Historical
				Trust, the Maryland Advisory Council on Historic Preservation, the National
				Advisory Council on Historical Preservation, or all of these. Other interested
				persons shall be invited to participate in the consultation process, including
				State or local accessibility officials, individuals with disabilities, and
				organizations representing individuals with disabilities;
(3) Seek accessibility solutions that:
(a) Do not cause damage to, permanently
				alter, or require the removal of, historically significant features, finishes,
				materials, spaces, or spatial relationships;
(b) Are in scale with the historic property;
				and
(c) Are visually compatible
				with the historic property.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.02 - Anti-Discrimination Relating to Persons with Disabilities › Section 14.03.02.13 - More Stringent Laws

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations do not exempt compliance with State,
				  federal or local laws requiring more stringent structural changes,
				  modifications, or additions to buildings or vehicles.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.02 - Anti-Discrimination Relating to Persons with Disabilities › Section 14.03.02.14 - Affirmative Action to Inform

Current through Register Vol. 51, No. 14, July 12, 2024
A person engaged in a business which falls within the areas
				  covered by State Government Article, Title 20, Annotated Code of Maryland,
				  shall take affirmative action to inform individuals with disabilities, as well
				  as the public in general, of nondiscriminatory policies with respect to
				  individuals with disabilities.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.03 - Penalties › Section 14.03.03.02 - Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
In determining the amount of financial penalty to be imposed,
				  an administrative law judge shall consider the following:
A. The seriousness of the
				violation;
B. The good faith of the
				violator;
C. The harmful effect of
				the violation on the public or the harmful effect of the violator's actions on
				the investigatory process of the Commission on Human Relations; and
D. The assets of the violator.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.04 - Fair Housing Regulations › Section 14.03.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. It is the policy
				of the State to provide for fair housing throughout Maryland, to all its
				citizens, regardless of race, color, religion, sex, disability, familial
				status, marital status, national origin, or sexual orientation, and to that end
				to prohibit discriminatory practices with respect to residential housing by a
				person or group of persons, in order that the peace, health, safety,
				prosperity, and general welfare of all inhabitants of the State may be
				protected and insured.
B. These
				regulations provide the Commission's interpretation of the coverage of the
				Maryland Fair Housing Law regarding discrimination related to the sale or
				rental of dwellings, the provision of services in connection with the sale or
				rental of dwellings, and the availability of residential real estate related
				transactions.
C. Nothing in this
				regulation relieves persons participating in a federal or federally assisted or
				State or State-assisted program or activity from other requirements applicable
				to buildings and dwellings.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.04 - Fair Housing Regulations › Section 14.03.04.02 - Exemptions

Current through Register Vol. 51, No. 14, July 12, 2024
A. These
				regulations do not:
(1) Prohibit a religious
				organization, association, or society, or any nonprofit institution or
				organization operated, supervised, or controlled by or in conjunction with a
				religious organization, association, or society from limiting the sale, rental,
				or occupancy of dwellings that it owns or operates for other than a commercial
				purpose to individuals of the same religion, or from giving preference to these
				individuals, unless membership in the religion is restricted because of race,
				color, or national origin;
(2)
				Prohibit a private club, not in fact open to the public, which as an incident
				to the club's primary purposes provides lodgings that it owns or operates for
				other than a commercial purpose, from limiting the rental or occupancy of the
				dwellings to its members or from giving preference to its members;
(3) Limit the applicability of any reasonable
				local, State, or federal restrictions regarding the maximum number of occupants
				permitted to occupy a dwelling;
(4)
				Prohibit conduct against an individual because the individual has been
				convicted by a court of competent jurisdiction of the illegal manufacture or
				distribution of a controlled substance as defined in
				21 U.S.C. §
											802(c), or a controlled
				dangerous substance as defined in Criminal Law Article, §
										5-101(f),
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.04 - Fair Housing Regulations › Section 14.03.04.05 - Unlawful Practices Specifically

Current through Register Vol. 51, No. 14, July 12, 2024
A. Discriminatory Advertisements, Statements,
				and Notices.
(1) The prohibitions in this
				section shall apply to all written or oral notices or statements by a person
				engaged in the sale or rental of a dwelling.
(2) Written notices and statements include
				any applications, flyers, brochures, deeds, signs, banners, posters,
				billboards, or any other documents used with respect to the sale or rental of a
				dwelling.
(3) Discriminatory
				notices, statements, and advertisements include, but are not limited to:
(a) Using words, phrases, photographs,
				illustrations, symbols, or forms which convey that dwellings are available or
				not available to a particular group of individuals because of race, color,
				religion, sex, disability, familial status, marital status, national origin,
				and sexual orientation;
(b)
				Expressing to agents, brokers, employees, prospective sellers or renters, or
				other persons a preference for or limitation on any purchaser or renter because
				of race, color, religion, sex, disability, familial status, marital status,
				national origin, and sexual orientation;
(c) Selecting, because of race, color,
				religion, sex, disability, familial status, marital status, national origin, or
				sexual orientation, media or locations for advertising the sale or rental of
				dwellings which deny particular segments of the housing market information
				about housing opportunities; or
(d)
				Refusing to publish advertising for the sale or rental of dwellings or
				requiring different charges or terms for advertising because of race, color,
				religion, sex, disability, familial status, marital status, national origin,
				and sexual orientation.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.04 - Fair Housing Regulations › Section 14.03.04.06 - Discrimination in Real Estate Related Transactions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Discriminatory Practices in Residential
				Real Estate Related Transactions.
(1) This
				regulation provides the Commission's interpretation of the conduct that is
				unlawful housing discrimination under State Government Article, §
										20-707, Annotated
				Code of Maryland.
(2) It shall be
				unlawful for a person whose business includes engaging in residential real
				estate related transactions to discriminate against a person in making
				available a transaction, or terms or conditions of such a transaction, because
				of race, color, religion, sex, disability, familial status, marital status,
				national origin, or sexual orientation.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.04 - Fair Housing Regulations › Section 14.03.04.07 - Prohibition Against Discrimination Because of Disability

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation provides the Commission's
				interpretation of the conduct that is unlawful housing discrimination against
				an individual who has a disability under State Government Article, §
									20-706, Annotated
				Code of Maryland.
B. General
				Prohibitions Against Discrimination Because of Disability.
(1) It shall be unlawful to discriminate in
				the sale or rental, or to otherwise make unavailable or deny a dwelling to a
				buyer or renter, because of a disability of:
(a) The buyer or renter; or
(b) An individual residing in or intending to
				reside in that dwelling after it is sold, rented, or made available.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.04 - Fair Housing Regulations › Section 14.03.04.08 - Housing for Older Persons

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Purpose. The purpose of this regulation is to effectuate the exemption in State
				Government Article, §
									20-704(c),
				Annotated Code of Maryland, that relates to housing for older
				persons.
B. Exemption.
(1) The provisions regarding familial status
				in these regulations do not apply to housing which satisfies the requirements
				of §§C-E of this regulation.
(2) Nothing in this regulation limits the
				applicability of any reasonable local, State, or federal restrictions regarding
				the maximum number of occupants permitted to occupy a dwelling.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.04 - Fair Housing Regulations › Section 14.03.04.09 - Prohibited Interference, Coercion, Intimidation, or Retaliation

Current through Register Vol. 51, No. 14, July 12, 2024
A. It shall be
				unlawful housing discrimination to coerce, intimidate, threaten, or interfere
				with a person in the exercise or enjoyment of, or on account of that person
				having exercised or enjoyed, or on account of that person having aided or
				encouraged another person in the exercise or enjoyment of, a right granted or
				protected by State Government Article, Title 20, Annotated Code of
				Maryland.
B. Unlawful conduct under
				this regulation includes, but is not limited to:
(1) Coercing a person, either orally, in
				writing, or by other means, to deny or limit the benefits provided that person
				in connection with the sale or rental of a dwelling because of race, color,
				religion, sex, disability, familial status, marital status, national origin, or
				sexual orientation;
(2)
				Threatening, intimidating, or interfering with persons in their enjoyment of a
				dwelling because of race, color, religion, sex, disability, familial status,
				marital status, national origin, or sexual orientation of these persons, or of
				visitors or associates of these persons;
(3) Threatening an employee or agent with
				dismissal or an adverse employment action, or taking an adverse employment
				action, for any effort to assist a person seeking access to the sale or rental
				of a dwelling or seeking access to any residential real estate related
				transaction, because of race, color, religion, sex, disability, familial
				status, marital status, national origin, or sexual orientation;
(4) Intimidating or threatening a person
				because that person is engaging in activities designed to make other persons
				aware of, or encouraging the other persons to exercise, rights granted or
				protected in these regulations; or
(5) Retaliating against a person because that
				person has made a complaint, testified, assisted, or participated in any manner
				in a proceeding under State Government Article, Title 20, Annotated Code of
				Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.04 - Fair Housing Regulations › Section 14.03.04.10 - Fair Housing Complaint

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Who May File.
(1) Any person who claims to
				have been aggrieved by an act or acts of unlawful housing discrimination
				prohibited by State Government Article, Title 20, Annotated Code of Maryland,
				may file a complaint with the Commission.
(2) The complaint may be filed with the
				assistance of an authorized representative of an aggrieved person, including
				any organization acting on behalf of an aggrieved person.
(3) Commission-Initiated Complaints. In
				accordance with Article State Government Article, §
										20-1004(d),
				Annotated Code of Maryland, the Commission may initiate a complaint in its own
				name if the Commission:
(a) Receives reliable
				information from an individual that a person has been engaged or is engaged in
				a discriminatory housing practice;
(b) Authorizes a preliminary investigation;
				and
(c) By action of not less than
				three Commissioners, determines that the information gathered during the
				preliminary investigation warrants the filing of a complaint.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.04 - Fair Housing Regulations › Section 14.03.04.11 - Complaint Processing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Review,
				Authorization, and Expedition.
(1) After the
				filing of a housing complaint, the Executive Director or designee shall:
(a) Review the complaint to determine whether
				it should issue for reasons of standing of the parties, timeliness of the
				filing, or other matters upon which its issuance may depend;
(b) If the complaint is rejected and not
				susceptible to amendment, serve notice on the complainant stating the reasons
				for rejection; and
(c) If the
				complaint is considered acceptable:
(i)
				Authorize an investigation by dating and signing the complaint; and
(ii) If the Executive Director or designee
				determines and states in writing that the complaint should be expedited based
				on a showing of good cause or because justice requires, expedite the
				complaint.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.04 - Fair Housing Regulations › Section 14.03.04.12 - Investigative Process

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Investigations.
(1) The Executive Director or
				designee shall authorize a complaint within 30 days after the filing of the
				complaint, or the notification or referral of a complaint, from the United
				States Department of Housing and Urban Development.
(2) Upon the authorization of a complaint,
				the Executive Director or designee shall assign, or cause to be assigned, the
				investigation of the complaint to a staff investigator.
(3) The investigative process involves:
(a) Promptly gathering information necessary
				and relevant to make a fair determination on the events or transactions that
				relate to the alleged discriminatory housing practice identified in the
				complaint;
(b) Documenting policies
				or practices of the respondent involved in the alleged discriminatory housing
				practice raised in the complaint;
(c) Developing factual data necessary for a
				determination whether probable cause exists to believe that a discriminatory
				housing practice has occurred or is about to occur and to take other actions
				provided under this chapter and State Government Article, Title 20, Annotated
				Code of Maryland; and
(d)
				Concluding the investigation, in accordance with this regulation, with the
				issuance of written findings of probable cause or no probable cause.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.04 - Fair Housing Regulations › Section 14.03.04.13 - Conciliation Process

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Conciliation.
(1) During the period beginning
				with the initial filing of a complaint and ending with the certification of the
				file for processing for hearing or dismissal of the complaint, the Commission
				shall, to the extent feasible, attempt to conciliate the complaint.
(2) Written notice of the opportunity to
				conciliate shall be provided to the parties.
(3) In conciliating a complaint, the
				Commission shall attempt to achieve a just resolution of the complaint and to
				obtain assurances that the respondent will satisfactorily remedy any violations
				of the rights of the aggrieved person, and take such action as well as assure
				the elimination of discriminatory housing practices, or the prevention of their
				occurrence in the future.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.04 - Fair Housing Regulations › Section 14.03.04.14 - Certification for Hearing Processing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon failure of conciliation, the
				Executive Director or designee shall certify the case for hearing
				processing.
B. An entry identifying
				this case shall be logged in the Commission's official docket book, which shall
				be maintained by the Executive Director for cases pending hearing.
C. The Executive Director or designee shall
				forward the certified case file to the Commission's general counsel for further
				processing.
D. The General Counsel,
				on review of a certified file, may remand the case to the Executive Director or
				designee for:
(1) Further investigation and,
				in this case, shall state clearly the issues requiring further investigative
				proceedings; or
(2) Review of the
				findings and, in this case, shall state clearly the reason or reasons for the
				review.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.04 - Fair Housing Regulations › Section 14.03.04.15 - Election of Civil Action or Provision of Administrative Proceeding

Current through Register Vol. 51, No. 14, July 12, 2024
A. Election
				Process.
(1) When a complaint is certified
				for further processing pursuant to State Government Article, §
										20-1025(a),
				Annotated Code of Maryland, a complainant, respondent, or aggrieved person on
				whose behalf the complaint was filed may elect to have the claims asserted in
				the complaint decided in a civil action under State Government Article, §
										20-1032, Annotated
				Code of Maryland, instead of by an administrative hearing under State
				Government Article, §
										20-1027, Annotated
				Code of Maryland.
(2) The election
				authorized under State Government Article, §
										20-1026, Annotated
				Code of Maryland, shall be made not later than:
(a) 20 days after the complainant,
				respondent, or aggrieved person on whose behalf the complaint was filed
				receives service under State Government Article, §
											20-1025(e),
				Annotated Code of Maryland; or
(b)
				In the case of the Commission, 20 days after service is made to all other
				parties under State Government Article, §
											20-1025(e),
				Annotated Code of Maryland.
(3) A person who makes an election under
				State Government Article, §
										20-1026, Annotated
				Code of Maryland, shall give notice of the election to the Commission and to
				all other complainants, respondents, and aggrieved persons on whose behalf the
				complaint was filed or to whom the complaint relates.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.04 - Fair Housing Regulations › Section 14.03.04.16 - Administrative Hearing Proceedings

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				General Information.
(1) Scope.
(a) This regulation contains the rules of
				practice and procedure established by the Maryland Commission on Human
				Relations and the Office of Administrative Hearings, under COMAR 28.02.01 in
				accordance with State Government Article, §
											20-1034, Annotated
				Code of Maryland, for administrative proceedings before an administrative law
				judge.
(b) This regulation applies
				only to an administrative law judge adjudication of a complaint asserted in a
				charge issued under State Government Article, §
											20-1027, Annotated
				Code of Maryland, when:
(i) An election to
				civil court has not been filed in accordance with Regulation .15 of this
				chapter; or
(ii) The Commission
				determines that the action is warranted.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.04 - Fair Housing Regulations › Section 14.03.04.17 - Dismissals and Decisions

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Dismissals. If the trial of a civil action that is commenced by an aggrieved
				party under an act of Congress or a State law and seeks relief for an alleged
				discriminatory housing practice has begun, an administrative law judge shall
				dismiss the administrative proceeding.
B. Decision of Administrative Law Judge.
(1) In General.
(a) Within the time period set forth in
				§B(6) of this regulation and State Government Article, §
											20-1028(a),
				Annotated Code of Maryland, the administrative law judge shall issue a decision
				and provisional order including findings of fact and conclusions of law upon
				each material issue of fact and law presented on the record.
(b) Decisions and provisional orders by the
				administrative law judge shall be in accordance with COMAR
				28.02.01.22C.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.04 - Fair Housing Regulations › Section 14.03.04.18 - Judicial Review and Enforcement of Final Decision and Order

Current through Register Vol. 51, No. 14, July 12, 2024
A. Judicial Review
				of Final Decision and Order.
(1) Petition for
				Review.
(a) Any party adversely affected by a
				final decision and order under Regulation .17E of this chapter may file a
				petition in the circuit court of the judicial circuit in which the
				discriminatory housing practice is alleged to have occurred under State
				Government Article, §
											20-1030(a),
				Annotated Code of Maryland.
(b) The
				petition shall be filed within 30 days of the date of issuance of the final
				decision.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.04 - Fair Housing Regulations › Section 14.03.04.19 - Pattern and Practice

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Engagement in Pattern and Practice Discrimination. In accordance with State
				Government Article, §
									20-1036(a),
				Annotated Code of Maryland, the Commission may take action upon the finding by
				the Commission that it has probable cause to believe that:
(1) A person or group of persons is engaged
				in a pattern and practice of resistance to the full enjoyment of any of the
				rights granted by State Government Article, §§
										20-701"20-710 and
				20-1020"20-1037, Annotated Code of Maryland; or
(2) Any group of persons has been denied any
				of the rights granted by State Government Article, §§
										20-701"20-710 and
				20-1020"20-1037, Annotated Code of Maryland, and that the denial or resistance
				raises an issue of general public importance.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.05 - Commercial Nondiscrimination Policy › Section 14.03.05.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. It is the policy
				of the State not to enter into a contract with any business entity that has
				discriminated in the solicitation, selection, hiring, or commercial treatment
				of vendors, suppliers, subcontractors, or commercial customers on the basis of
				race, color, religion, ancestry, or national origin, sex, age, marital status,
				sexual orientation, or disability, or any otherwise unlawful use of
				characteristics regarding the vendor's, supplier's, or commercial customer's
				employees or owners.
B. These
				regulations provide the Commission's interpretation and regulations to
				implement the commercial nondiscrimination policy, as required by State Finance
				and Procurement Article, §
									19-119(a),
				and pursuant to State Government Article, §§
									10-110 -10-112,
				Annotated Code of Maryland.
C. The
				rules of procedure provided in this chapter apply to the processing of
				complaints of commercial discrimination and retaliation filed under State
				Finance and Procurement Article, §§
									19-101
				-19-120, Annotated Code of Maryland.
D. Rules of procedure for directing and
				conducting investigations of discrimination and retaliation complaints filed
				under State Finance and Procurement Article, §§
									19-101
				-19-120, Annotated Code of Maryland, shall be in a manner consistent with State
				Government Article, §§
									20-207,
				20-1005, and
				20-1006, Annotated
				Code of Maryland.
E. These
				regulations may not be construed to prohibit or limit otherwise lawful efforts
				to remedy the effects of discrimination that have occurred or are occurring in
				the marketplace.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.05 - Commercial Nondiscrimination Policy › Section 14.03.05.02 - Exemptions

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				does not apply to:
(1) Any real property
				acquisition by the State, including property subject to condemnation, other
				than a lease of real estate for the State's use;
(2) The settlement of litigation;
(3) The settlement of judicial or
				administrative enforcement proceedings by or on behalf of the State, except for
				proceedings to enforce State Finance and Procurement Article, §§
										19-101
				-19-120, Annotated Code of Maryland; and
(4) Agreements concerning standards for
				locating facilities in a State right-of-way if a business entity has a
				statutory right to be in the right-of-way.