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Maryland Regulations § 19A.01.03.03 Preliminary Inquiry

Up to Chapter 19A.01.03: Enforcement Procedures

Regulation Text

A. The Commission may consider as a preliminary inquiry any matter that:
(1) Arises from any source, including the consideration of an advisory opinion;
(2) Involves past or ongoing conduct; and
(3) Presents a possible violation of State Government Article, Title 15, Annotated Code of Maryland.
B. The staff counsel shall, upon the direction of the Commission:
(1) Collect and review information pertaining to a preliminary inquiry; and
(2) Present this information to the Commission for its consideration.
C. The Commission may close a preliminary inquiry without issuing a complaint if the Commission determines that:
(1) The matter is not within the jurisdiction of the Commission;
(2) The information presented does not support the filing of a complaint; or
(3) Based on all the circumstances presented, further enforcement proceedings would not serve the purposes of State Government Article, Title 15, Annotated Code of Maryland.
D. A preliminary inquiry may also be closed by:
(1) Docketing the matter for consideration as an advisory opinion pursuant to COMAR 19A.01.02;
(2) Letter or other informal advice; or
(3) Other resolution agreed to by the subject.

History

Regulations .03 under chapter "Complaint Procedures" repealed effective September 26, 1994 (21:19 Md. R. 1635) Regulations .03 under chapter "Enforcement Procedures" adopted effective September 26, 1994 (21:19 Md. R. 1635)

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