§ 29-9. Initial findings and recommendations.

(a) Based upon the investigative unit's review and investigation, the Chief shall make an initial non-binding finding of each allegation stated in the complaint, that either:

(1) the investigation produced sufficient evidence to find that the alleged discrimination did take place ("sustained");

(2) the investigation failed to produce sufficient evidence to find that the alleged discrimination took place ("not sustained");

(3) the investigation produced sufficient evidence to find that the alleged discrimination did not take place ("unfounded");

(4) the investigation produced sufficient evidence to establish that the complainant knowingly made one or more false or frivolous allegations ("false or frivolous");

(5) the allegation has been settled or otherwise resolved with the agreement of the interested parties; or

(6) the allegation has been withdrawn.

(b) The Chief shall recommend to the City Solicitor, or his or her representative, appropriate action to be taken. That action may include additional investigation of the complaint, sanctions, remedies, or other action consistent with this subtitle.

(c) In making the initial finding and recommendation, the Chief may consider evidence regarding:

(1) whether there was an intent to discriminate on the part of the respondent business firm;

(2) whether there was a pattern and practice of discrimination on the part of the respondent business firm;

(3) any actions taken by the respondent business firm to remedy the alleged discrimination;

(4) the effectiveness of any prior attempts by the respondent business firm to remedy the discrimination;

(5) whether the respondent business firm had procured goods or services from or otherwise engaged in business with persons or entities of the same protected class as the complainant to an extent sufficient to demonstrate that the respondent had not discriminated against such protected class in the overall context of its business; and

(6) any other evidence deemed relevant by the Chief.

(d) The Chief shall make the initial finding based upon a preponderance of the evidence.

(e) The initial non-binding findings and recommendations shall be made by the Chief within 120 calendar days of receipt of the complaint.

(f) The City Solicitor may extend this time limit at the request of the Chief either for good cause, or if the parties agree to mediate a settlement to the complaint.

(g) The Chief shall notify the complainant and the business firm within 5 business days of the issuance of the initial non-binding findings and recommendations, including an explanation of the reasons justifying the initial findings.