§ 10B.06.01.02. Intake Procedure - Department of Housing and Community Affairs
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(a) Staff Duties
(1) The Staff will serve complaint forms upon request.
(2) The Staff will provide each party with a copy of these procedures and an introductory explanatory letter, and will inform each party of the opportunity for a hearing or mediation.
(3) The Staff may investigate facts, assemble documents, and summarize the issues in dispute. The Staff may notify a party if a dispute was not properly filed.
(4) The Staff will inform all parties of the time when the Commission will consider jurisdiction of the case which will be not later than the first Commission meeting which is ninety (90) days after the filing of the Complaint.
(5) The Staff will serve notice to all parties of the Commission’s vote regarding jurisdiction as soon as possible after the vote.
(b) Commission Duties
(1) The Commission, in its discretion, may dismiss a dispute if it finds that there are no reasonable grounds to conclude that a violation of applicable law or any other agreement has occurred. See Section 10B-11 of the Montgomery County Code. The Commission may reconsider such dismissal if a request to reconsider is filed within thirty (30) days showing either that the Commission mistakenly interpreted or applied relevant law or an association document, or that material issues of fact remain unresolved.
(2) The Chairperson of the Commission will select a Hearing Panel or designate a Hearing Examiner, and set a hearing date as soon as reasonably possible after the mailing of the notification to the parties of the acceptance of jurisdiction. The Hearing Panel will consist of two voting members of the Commission, and a Panel Chairperson (selected by the two voting members from a Commission-approved list of Panel Chairpersons), in accordance with Section 10B-12 of the Montgomery County Code.
(c) Process
(1) A copy of all correspondence and pleadings filed by a party, including attachments, shall be served on the opposing party.
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