Complaint Process - Elevator Safety Review
- Any person may file a complaint with the Maryland Elevator Safety Review Board against a licensed elevator mechanic, contractor, elevator renovator mechanic, contractor or accessibility lift mechanic.
- Complaints are required to be in writing on official forms prescribed by the Board. Written complaints must be signed under oath and facts stated by which the complaint is based upon. By filing a complaint, it may be necessary for the complainant to appear at a formal hearing before the Board or in court. A copy of the elevator contract or report in question must be submitted with the complaint.
- After a complaint has been filed with the Board, it will be screened by the staff to determine if it meets the basic requirements of paragraph 2. If it does, the staff will forward a copy of the complaint, allowing the person involved thirty (30) days to respond and learn of the identity of the individual who has filed the complaint. This will allow the person involved a full and complete response to the complaint and gives that person the right to due process.
- Once the response has been received from the person involved, the file is reviewed by the members of the Complaint Committee of the Board and with the assistant attorney general. The Complaint Committee may also request that the staff of the Board conduct a further investigation to obtain more information from all relevant sources. After the additional information is obtained, the Complaint Committee again meets with the assistant attorney general to determine whether charges should be issued or the complaint should be dismissed.
- In certain cases, the Board may choose to attempt to resolve cases informally before charges are issued. This process would involve a meeting between the representatives of the Board and the person involved, and perhaps their respective counsel, to resolve the case prior to a formal hearing. Such a resolution could involve the imposition of some disciplinary action or remedial measures through a consent order.
- If the Complaint Committee decides that charges should be issued, the person involved will be provided with a notice of the alleged violations of the law and the date of the hearing. The hearing can be either before an administrative law judge or before the Hearing Board comprised of three members of the Board.
- At the hearing, the person involved will be provided with procedural protection such as the right to an attorney who may present evidence and cross-examine witnesses. A written decision is filed after the hearing is concluded which must be based on evidence presented at the hearing. If the person involved in the case is not satisfied with the results, he or she has the right to file an exception and the right to appeal the final decision in the circuit court.
- Under the law, charges can be issued against a person who engages in fraudulent or deceptive acts to obtain a license or fails to notify the Board, the owner or lessee of an elevator or related mechanics of any condition not in compliance with the law; installs, repairs or maintains an elevator in a negligent or careless manner; willfully or deliberately disregards or violates a building code, electrical code or construction law of the state or county or municipal corporation of the state.