Failure to Reply to a Complaint​
 

In accordance with Montgomery County Code, Section 10B-13 (c)-(d) and COMCOR 10B.06.01.03(b)(1):

  1. You [“Respondent”] MUST REPLY to this complaint within thirty (30) calendar days after the date you receive it. If you do not reply, the Commission may grant the relief requested in the complaint “by default”.
  2. Your reply to this complaint must be delivered to CCOC staff and the complaining party [“Complainant”].
  3. If staff does not receive your reply within thirty (30) calendar days after you receive the complaint, it will be referred to the Commission for a decision on jurisdiction at their next monthly meeting.
  4. If the Commission accepts jurisdiction, the complaint will be referred to a hearing panel. Staff will notify all the parties about the Commission’s decision on jurisdiction, the hearing date, and who will sit on the hearing panel.
  5. You will be advised again to submit a response with your defense against the allegations and a “Motion to Vacate the Default” giving your reasons for failing to reply originally, both of which will be presented to the panel.
  6. If the hearing panel accepts your response and grants the “Motion to Vacate”, the complaint will be scheduled for a contested hearing.
  7. If, however, you fail to submit a response and “Motion to Vacate”, or the panel rejects your defense, then the default hearing will proceed as scheduled and you will not be permitted to participate.
  8. A default judgment is binding on all parties. The failure to comply with the decision and order of the panel is a violation under the County Code, punishable by a civil fine of $500.00. Each day that a violation continues is a separate offense and may subject the violator to multiple citations of $500.00. [See “Failure to Comply With a Decision and Order” on the Filing a Complaint webpage.]

To read the Commission’s “Default Judgment Procedures” in full, go to our Law Library webpage.