Md. Admin. Order of 2021-11-23 (Updated Administrative and Procedural Guidelines of the ...) 3.3

3.3.1. Submission to the Commission. For purposes of this Section, submission of a

recommendation to the Commission shall mean: (1) Bar Counsel’s

recommendation and submission to the Executive Counsel and Director of such

parts of the file as Bar Counsel deems necessary pursuant to Maryland Rule 19 -

714, or (2) the Peer Review Panel’s recommendation submitted pursuant to

Maryland Rule 19-720(e).

3.3.2. Timing. Unless the time is extended by the Commission Chair for good cause,

within sixty (60) days of the submission, the Commission shall take such action as

it deems appropriate pursuant to the Maryland Rules. Only one extension may be

granted, not to exceed thirty (30) days.

3.3.3. Dismissal. If the Commission rejects the recommendation that the complaint be

dismissed or dismissed with a letter of cautionary advice or letter of admonition, it

may: (1) direct Bar Counsel to take other action pursuant to Ru le 19-714; or (2)

take any other action permitted by Maryland Rule 19-720(f). If the Commission

determines that a dismissal with a letter of cautionary advice or letter of admonition

is appropriate but rejects the text of the proposed letter of cautionary advice or letter

of admonition, it may amend the text or direct Bar Counsel to amend the text.

3.3.4. Reprimand. If the Commission rejects the recommendation of a proposed

reprimand, it may: (1) direct Bar Counsel to file a statement of charges pursuant to

Rule 19-718; or (2) take any other action permitted by Maryland Rule 19-720(f).

If the Commission determines that a reprimand is appropriate but rejects the text of

the proposed reprimand, it shall notify Bar Counsel and/or the Respondent, as

appropriate, of any amendment(s) to the reprimand required as a condition for

approval. If the amendment(s) are not accepted within fourteen (14) days of the

Commission’s notification, the reprimand will be deemed rejected.

3.3.5. Conditional Diversion Agreement. If the Commission rejects the recommendation

of a proposed Conditional Diversion Agreement, with or without a reprimand, it

may: (1) direct Bar Counsel to take other action pursuant to Rule 19-714; or (2)

take any other action permitted pursuant to Marylan d Rule 19-720(f). If the

Commission determines that a Conditional Diversion Agreement is appropriate but

rejects the text or terms of the Agreement proposed, it shall notify the Respondent

and Bar Counsel of any amendment(s) to the Agreement required as a condition for

approval. If, within fourteen (14) days of the Commission’s notification, either

party rejects the amendment(s), the Conditional Diversion Agreement will be

deemed rejected.

3.3.6. Permanent Retired Status. If the Commission rejects the recommendation that the

Respondent be placed on permanent retired status, it shall direct Bar Counsel to

take other action pursuant to Rule 19-714. If the Commission determines that

permanent retired status may be appropriate but requires additional information or

documentation, it shall notify the Respondent and Bar Counsel. If, within the time

set by the Commission, the additional information or documentation is not

submitted, the recommendation will be deemed rejected.

3.3.7. Petition for Disciplinary or Remedial Action. If the Commission rejects a

recommendation that a Petition for Disciplinary or Remedial Action be filed, it may

take any other action permitted pursuant to Maryland Rule 19-720(f).

7 Updated __________________, 2021

SECTION 4. Bar Counsel.