Section 17-323 - Failure to disclose certain facts - Commencement of proceedings.
§ 17-323. Failure to disclose certain facts - Commencement of proceedings.
(a) Commencement.- Subject to the provisions of this section, the Commission shall commence proceedings under § 17-322 of this subtitle on a complaint made to the Commission by a member of the Commission or any other person.
(b) Form and contents of complaint.-
(1) A complaint shall:
(i) be in writing; and
(ii) state specifically the facts on which the complaint is based.
(2) If a complaint is made by any person other than a member of the Commission, the complaint shall be made under oath by the person who submits the complaint.
(3) A complaint may be accompanied by documentary or other evidence.
(c) Review; findings and disposition after review.-
(1) The Commission, or its designee, shall review each complaint received by the Commission. A complaint shall be referred for investigation if, after a review under this subsection, it is determined that the complaint:
(i) alleges facts that establish a prima facie case that is grounds for disciplinary action under § 17-322 of this subtitle; and
(ii) meets the requirements of subsection (b) of this section.
(2) A complaint not referred for investigation under paragraph (1) of this subsection shall be dismissed, and any appeal shall be taken under paragraph (3) of this subsection.
(3) (i) If a complaint is dismissed under paragraph (2) of this subsection, within 30 days from the date of the dismissal any member of the Commission may file an exception to the decision.
(ii) If an exception is filed with the Commission under subparagraph (i) of this paragraph, the Commission shall set a hearing on the matter by the full Commission on whether the complaint satisfies the requirements of paragraph (1) of this subsection. If the Commission determines that the complaint is satisfactory, the matter shall be referred for an investigation.
(iii) If an exception is not filed within the time allowed under subparagraph (i) of this paragraph:
1. the decision of the Commission is final; and
2. any party aggrieved by the decision may take a judicial appeal as provided in § 17-329 of this subtitle.
(d) Investigation; findings and disposition after investigation.-
(1) On completion, an investigation shall be referred directly to the Commission or its designee.
(2) If the Commission or its designee determines there is a reasonable basis to believe any grounds exist for disciplinary action under § 17-322 of this subtitle, the investigation shall be referred for a hearing in accordance with § 17-324 of this subtitle.
(3) A complaint not referred for a hearing by the Commission or its designee shall be dismissed, and any party aggrieved by the decision may take a judicial appeal as provided in § 17-329 of this subtitle.
[An. Code 1957, art. 56A, § 4-323; 1989, ch. 3, § 1; 1991, ch. 492; 1994, ch. 3, § 13; 2010, ch. 72, § 5.]