(a)(1) The Board shall review the complaint and any response.
(2) The Board shall issue a written decision within 30 calendar days after receiving the written response and all information requested under § 4-1A-06(b) of this subtitle.
Informal conference for additional information
(b)(1)(i) Subject to subparagraph (ii) of this paragraph, if the Board is unable to reach a determination based on the written submissions before it, the Board may schedule an informal conference to hear from the complainant, the affected custodian or applicant, or any other person with relevant information about the subject of the complaint.
(ii) The Board shall hold the informal conference under subparagraph (i) of this paragraph in a location that is as convenient as practicable to the complainant and the affected custodian or applicant.
(2) When conducting a conference that is scheduled under paragraph (1) of this subsection, the Board may allow the parties to testify by teleconference or submit written testimony by electronic mail.
(3) An informal conference scheduled by the Board is not a contested case within the meaning of § 10-202(d) of the State Government Article.
(4) The Board shall issue a written decision within 30 calendar days after the informal conference.
Extension of time for decision; Board unable to resolve complaint
(c)(1) If the Board is unable to issue a decision on a complaint within the time periods specified in subsection (a) or (b) of this section, the Board shall:
(i) state in writing the reason for its inability to issue a decision; and
(ii) issue a decision as soon as possible but not later than 120 days after the filing of the complaint.
(2)(i) A decision of the Board may state that the Board is unable to resolve the complaint.
(ii) A person may not appeal under § 4-1A-10 of this subtitle or § 4-362(a)(2) of this title a decision of the Board stating that the Board is unable to resolve the complaint.
Required recipients of decision
(d) The Board shall send a copy of the written decision to the complainant and the affected custodian or applicant.
Credits
Added by Acts 2015, c. 135, § 1, eff. Oct. 1, 2015; Acts 2015, c. 136, § 1, eff. Oct. 1, 2015. Amended by Acts 2021, c. 658, § 1, eff. July 1, 2022.
MD Code, General Provisions, § 4-1A-07, MD GEN PROVIS § 4-1A-07
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
