§ 16-601. Commencement of proceedings  


Latest version.



  •    (a) Commencement. -- Subject to the provisions of this section, the Commission shall start proceedings under § 16-701, § 16-701.1, or § 16-701.2 of this title on a complaint made to the Commission by any 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 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) Investigation. -- The Commission shall investigate each complaint submitted to the Commission if the complaint:

       (1) alleges facts that establish a prima facie case that is grounds for disciplinary action under § 16-701, § 16-701.1, or § 16-701.2 of this title; and

       (2) meets the requirements of this section.

    (d) Findings and disposition after investigation. --

       (1) On conclusion of the investigation, the Commission shall determine if there is a reasonable basis to believe that there are grounds for disciplinary action under § 16-701, § 16-701.1, or § 16-701.2 of this title against an applicant or licensee.

       (2) (i) If the Commission finds a reasonable basis as provided under paragraph (1) of this subsection, the Commission shall act on the complaint as provided under § 16-602 of this subtitle.

          (ii) If the Commission does not find a reasonable basis as provided under paragraph (1) of this subsection, the Commission shall dismiss the complaint.


HISTORY: 1990, ch. 594; 1994, ch. 3, § 13; 2001, ch. 470; 2011, chs. 269, 270.