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(a) 

(1) The Commission or the General Manager may file a confidential written complaint with the Board. A complaint may be based on concerns raised by an employee (including a supervisor to the extent provided in WSSC 1.70.060) in writing, and such employee shall be considered a complainant for purposes of this article. An individual or entity outside WSSC may file a complaint directly with the Board. The complaint must allege facts that would support a reasonable person in concluding that a violation of this Code of Ethics occurred.

(2) 

(i) The complaint must be filed within the later of two years after:

1. The alleged violation; or

2. The complainant learned or should have learned of facts that would lead a reasonable person to conclude that a violation occurred.

(ii) A complaint may not be filed more than three years after the alleged violation occurred.

(3) If the complaint does not allege facts sufficient to state a violation of the Code of Ethics, the Board may dismiss the complaint. The Board must inform the complainant of its decision to dismiss the complaint. The Board may inform the subject of the complaint that the complaint was filed and dismissed, but must not disclose the identity of the complainant.

(b) The Board may file, on its own motion, a complaint, if the complaint is filed within the time limits established in subsection (a) of this section.

(c) If, based on a complaint, the Board finds reasonable cause to believe that a violation of this Code of Ethics has occurred, the Board may refer the complaint to the General Counsel who shall assign a staff counsel to the Board. The staff counsel shall collect and refer to the Board evidence relating to each violation as alleged in the complaint.

(d) 

(1) Prior to submitting the evidence to the Board, the staff counsel shall notify the complainant and the respondent.

(2) The Board shall dismiss the complaint in a signed order if:

(i) The respondent, within 15 days after receiving the notice, takes any action that may be available to cure each alleged violation; and

(ii) It finds that dismissal is not contrary to the purposes of these regulations.

(3) If the complaint is dismissed under this subsection, the Board shall promptly send a copy of the order to the complainant and the respondent.

(e) If the Board determines that the evidence submitted by the staff counsel does not merit further proceedings, the Board shall:

(1) Dismiss the complaint in a signed order; and

(2) Promptly send a copy of the order to the complainant and the respondent.

(f) Staff counsel may recommend to the Board a pre-hearing settlement of the complaint. Any such settlement shall be incorporated in a signed order of the Board.

(g) If a complaint is not dismissed or settled under subsection (d), (e), or (f) of this section, the Board shall proceed to a hearing on the complaint. The hearing shall be held in accordance with WSSC procedures for contested cases. Proceedings before the Board shall be subject to the rules pertaining to ex parte communications set forth in the State Government Article, § 10-219, Annotated Code of Maryland. The respondent may be represented by counsel. The General Counsel may assign counsel to advise the Board, including outside counsel, if appropriate.

(h) At the hearing, the staff counsel:

(1) Shall present to the Board all available evidence relating to each alleged violation of the Code of Ethics; and

(2) May recommend any disposition of the complaint that appears appropriate to the staff counsel. (Res. 2003-1669 § 1(2-4))