An Act To Increase Efficiency in Enforcement of the Maine Human Rights Act
Maine Legislature, Session 128, LD 1239
Committee: Judiciary
Sponsors: TUELL, KATZ, COOPER, TALBOT ROSS, WARREN, BELLOWS
Amends: 5 MRSA §4566, 5 MRSA §4612

Legislative Document
No. 1239
H.P. 862
House of Representatives, March 30, 2017
An Act To Increase Efficiency in Enforcement of the Maine Human 
Rights Act
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative TUELL of East Machias.
Cosponsored by Senator KATZ of Kennebec and
Representatives: COOPER of Yarmouth, McCREIGHT of Harpswell, TALBOT ROSS of 
Portland, WARREN of Hallowell, Senator: BELLOWS of Kennebec.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §4566, sub-§4-A, as enacted by PL 1977, c. 648, §1, is amended 
to read: 
4-A.  Subpoena power. Pursuant to a complaint which that has been filed in 
accordance with section 4611 by a person who has been subject to unlawful 
discrimination, the commission may to issue subpoenas; as provided in subsection 4-B, 
and to compel access to or production of premises, records, documents and other 
evidence or possible sources of evidence or the appearance of persons, provided that if 
there is reasonable cause to believe that those materials or the testimony of the persons 
are material to the complaint. The commission may not issue subpoenas except as 
provided in this subsection.  
A.  If a subpoena is issued, notice must be given to the person who is alleged to have 
engaged in the unlawful discrimination. 
B.  The person upon whom the subpoena is served may contest its validity.  A 
judicial review of the subpoena is permissible in any Superior Court; 
Sec. 2.  5 MRSA §4566, sub-§4-B, as amended by PL 1993, c. 303, §1, is 
repealed. 
Sec. 3.  5 MRSA §4566, sub-§§4-C, 7-A and 7-B are enacted to read: 
4-C.  Binding determination; remedies.  If both parties agree, to make a binding 
determination on the question of violation of this Act and impose remedies available to 
the court under section 4613. 
A.  If the commission makes a binding determination under this subsection, the 
complainant may not file a de novo action in court under section 4621. 
B.  The commission's determination is a final agency action, and either party may 
appeal the commission's determination pursuant to chapter 375, subchapter 7; 
7-A.  Sanctions for false statements, false information, violation of 
nondisclosure.  To impose sanctions and seek penalties for perjury, false swearing, 
making a false statement, providing false information or violating the nondisclosure 
requirements. Sanctions may include dismissal or a summary finding against the violating 
party; rejection of any submissions by the violating party; drawing adverse inferences 
regarding the credibility of the violating party; or other remedies appropriate to rectify 
any harm done to the commission and its process by the violation; 
7-B.  Protect process.  To establish by rule procedures to discourage abuse of the 
complaint and investigation process including but not limited to refusing to accept 
without justification more than 5 complaints from the same complainant in a 12-month 
period; summary disposition of frivolous or repetitous complaints; and other requirements 
designed to eliminate the filing of frivolous complaints; 
Sec. 4.  5 MRSA §4612, sub-§1, ¶B,as amended by PL 2009, c. 235, §2, is 
further amended to read: 
B.  The commission or its delegated commissioner or investigator shall conduct such 
preliminary investigation as it determines necessary to determine whether there are 
reasonable grounds to believe that unlawful discrimination has occurred. In 
conducting an investigation, the commission, or its designated representative, must 
have access at all reasonable times to premises, records, documents, individuals and 
other evidence or possible sources of evidence and may examine, record and copy 
those materials and take and record the testimony or statements of such persons as are 
reasonably necessary for the furtherance of the investigation. The commission may 
issue subpoenas to compel access to or production of those materials or the 
appearance of those persons, subject to section 4566, subsections subsection 4-A and 
4-B, and may serve interrogatories on a respondent to the same extent as 
interrogatories served in aid of a civil action in the Superior Court. The commission 
may administer oaths. The complaint and evidence collected during the investigation 
of the complaint, other than data identifying persons not parties to the complaint, is a 
matter of public record at the conclusion of the investigation of the complaint prior to 
a determination by the commission.  An investigation is concluded upon issuance of a 
letter of dismissal or upon listing of the complaint on a published commission 
meeting agenda, whichever first occurs.  Prior to the conclusion of an investigation, 
all information possessed by the commission relating to the investigation is 
confidential and may not be disclosed, except that the commission and its employees 
have discretion to disclose such information as is reasonably necessary to further the 
investigation.  Notwithstanding any other provision of this section, the complaint and 
evidence collected during the investigation of the complaint may be used as evidence 
in any subsequent proceeding, civil or criminal.  The commission must conclude an 
investigation under this paragraph within 2 years after the complaint is filed with the 
commission. 
Sec. 5.  5 MRSA §4612, sub-§1, ¶C is enacted to read: 
C.  If at any time after the filing of the complaint the complainant files an affidavit 
with the commission stating that the complainant will be requesting a right-to-sue 
letter under subsection 6, the commission may suspend the investigation.  The 
commission shall treat the affidavit as a request for a right-to-sue letter and shall 
issue the right-to-sue letter no more than 2 weeks after the end of the 180-day period 
required by subsection 6.  The complainant may not withdraw the affidavit after it is 
filed. 
Sec. 6.  5 MRSA §4612, sub-§1-A is enacted to read: 
1-A.  Binding determination; remedies.  If both parties agree, the commission may 
make a binding determination on the question of violation of this Act and impose 
remedies available to the court under section 4613. 
A.  If the commission makes a binding determination under this subsection, the 
complainant may not file a de novo action in court under section 4621. 
B.  The commission's determination is a final agency action, and either party may 
appeal the commission's determination pursuant to chapter 375, subchapter 7. 
Sec. 7.  5 MRSA §4612, sub-§6, as amended by PL 1995, c. 462, Pt. A, §7, is 
further amended to read: 
6.  Right to sue.  If, within 180 days of a complaint being filed with the commission, 
the commission has not filed a civil action in the case or and has not entered into a 
conciliation agreement in the case, the complainant may request the commission may 
issue a right-to-sue letter, and, if to the complainant.  This may occur either if the 
complainant requests a right-to-sue letter or if the commission is releasing its jurisdiction 
over the case.  If a letter is given, the commission shall end its investigation. 
Sec. 8.  Technology.  The Maine Human Rights Commission shall purchase a 
computer system that, at a minimum, meets the specifications required by existing federal 
contracts and facilitates electronic data management by the commission, including 
making case status information available electronically to parties and their attorneys. 
Sec. 9.  Appropriations and allocations.  The following appropriations and 
allocations are made. 
MAINE HUMAN RIGHTS COMMISSION 
Human Rights Commission - Regulation 0150 
Initiative:  Provides funds for 2 Paralegal positions, one Consumer Outreach position and 
related costs. 
SUMMARY 
This bill implements several recommendations of a review panel created by the 
Governor to review operations of the Maine Human Rights Commission. 
Under the bill, if both parties are in agreement, the commission is authorized to make 
binding determinations pertaining to violations of the Maine Human Rights Act.  The 
commission is authorized to order remedies that the court is currently authorized to 
impose.  Final decisions of the commission are appealable under the Maine 
Administrative Procedure Act as final agency actions. 
The bill provides for the commission to suspend an investigation if a complainant 
files an affidavit with the commission stating that the complainant will seek a right-to-sue 
letter when permitted under law.  Current law allows a complainant to ask for a right-to-
sue letter, bypassing the commission findings, after 180 days have elapsed since the 
complaint was filed.  Because the commission will suspend the investigation once the 
GENERAL FUND 
2017-18
2018-19
POSITIONS - LEGISLATIVE COUNT 
3.000
3.000
Personal Services 
$173,268
$242,363
All Other 
$14,620
$7,120
GENERAL FUND TOTAL 
$187,888
$249,483
affidavit stating that the complainant will seek a right-to-sue letter is filed, the 
complainant may not withdraw the affidavit. 
The bill provides for the commission to issue a right-to-sue letter to a complainant if 
days have elapsed since the complaint was filed and the commission has not filed a 
civil action in the case and has not entered into a conciliation agreement in the case. 
The bill corrects the format of language concerning the issuance of subpoenas. 
The bill authorizes the commission to impose sanctions and seek penalties for 
perjury, false swearing, making a false statement, providing false information or violating 
the nondisclosure requirements.  Sanctions may include the imposition of adverse 
inference, liability or other remedies. 
The bill authorizes the commission to establish by rule procedures to discourage 
abuse of the complaint and investigation process.  These procedures may include, but are 
not limited to, refusing to accept more than 5 complaints from the same complainant in a 
12-month period and other requirements designed to eliminate the filing of frivolous 
complaints. 
The bill provides funding for 2 new paralegal positions and one new consumer 
outreach position.  Currently, investigators are performing intake functions; paralegal 
positions dedicated to intake will allow the investigators to concentrate on investigating 
and completing cases.  The consumer outreach position will provide public information 
about the Maine Human Rights Act and rules, which will increase compliance.  The 
consumer outreach position will also provide information about the operations of the 
commission. 
The bill directs the commission to purchase a computer system to provide for 
electronic data management that allows parties and their attorneys to access the status of 
their cases electronically.