Section 10-207 - Preliminary review. - Maryland Statutes

§ 10-207. Preliminary review.
 

(a)  Required.- The Executive Director or the Director's designee shall conduct a preliminary review of each complaint submitted to the Office. 

(b)  Dismissal.-  

(1) After preliminary review, if the complaint is determined to be wholly lacking in merit on its face, the Executive Director or the Director's designee may dismiss the complaint without a hearing or specific findings of fact. 

(2) (i) The order of dismissal shall be forwarded to the complainant within 60 days after the complaint was submitted to the Office. 

(ii) The order of dismissal constitutes the final decision of the Secretary for purposes of judicial review. 

(c)  Referral to Office of Administrative Hearings.-  

(1) After preliminary review, if the complaint is not found to be wholly lacking in merit on its face, the Office shall refer the complaint to the Office of Administrative Hearings. 

(2) The Office of Administrative Hearings shall hold a hearing on the complaint as promptly as practicable. 
 

[An. Code 1957, art. 41, § 4-102.1(d), (e); 1999, ch. 54, § 2.]