reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 11.00 - Consumer Reporting Agency (CRA) › Section 11.10 - Dissemination of CORI by a CRA

Current through Register 1525, July 5, 2024
(1) The CORI a CRA may disseminate to its
			 iCORI-registered client depends upon the level of access to which the client is
			 entitled for each particular CORI request, and, in the case of employment
			 applicants, whether the position for which the subject is being screened has an
			 annual salary of $75,000 or more.
(a) If the
			 client is entitled to Standard Access to CORI, as defined in
			 803
			 CMR 2.05:
Levels of Access to
			 CORI
, and the position for which the subject is being screened or in
			 which the subject currently works has an annual salary of less than $75,000, a
			 CRA may disseminate:
1. all pending cases,
			 except those pending cases that are seven or more years old from the date of
			 the CORI report and that did not result in a warrant;
2. all misdemeanor and felony
			 convictions;
3. all dispositions of
			 not guilty by reason of insanity, except for those dispositions that are seven
			 or more years old from the date of the CORI report; and
4. juvenile information, but only where the
			 subject was adjudicated as an adult.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 11.00 - Consumer Reporting Agency (CRA) › Section 11.11 - A CRA Acting as Decision Maker

Current through Register 1525, July 5, 2024
(1) A CRA is a
			 decision maker for CORI request purposes if it has been authorized by its
			 iCORI-registered client to receive CORI results and, based on those results, to
			 decide whether to hire or accept an individual for employment, housing,
			 volunteer, or licensing purposes.
(2) If a CRA intends to question the subject
			 about the subject's CORI received from DCJIS, the CRA shall provide the subject
			 with a copy of the CORI report prior to questioning.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 11.00 - Consumer Reporting Agency (CRA) › Section 11.12 - Adverse Decisions by a CRA Acting as Decision Maker

Current through Register 1525, July 5, 2024
(1)
			 If a CRA is authorized to be the decision maker by an iCORI-registered client,
			 before notifying the client of a potential adverse decision based on a
			 subject's CORI received from DCJIS, the CRA shall:
(a) provide the subject with a pre-adverse
			 action disclosure that includes a copy of his or her consumer report and a copy
			 of
A Summary of Your Rights Under the Fair Credit Reporting
			 Act
, published by the Federal Trade Commission, by meeting the subject
			 in person, by telephone, by electronic communication, by fax, or by hard copy
			 correspondence;
(b) notify the
			 subject of the potential adverse decision;
(c) provide a copy of the CORI to the
			 subject;
(d) provide a copy of the
			 CRA's CORI Policy to the subject, if applicable;
(e) identify the information in the CORI that
			 is the basis for the inclination to make an adverse decision;
(f) provide the subject with a copy of the
			 DCJIS information concerning the process for correcting a criminal
			 record;
(g) provide the subject
			 with an opportunity to dispute the accuracy of the information contained in the
			 CORI; and
(h) document all steps
			 taken to comply with
			 803 CMR
			 11.00.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 11.00 - Consumer Reporting Agency (CRA) › Section 11.13 - Audits by Department of Criminal Justice Information Services (DCJIS)

Current through Register 1525, July 5, 2024
Any CRA that obtains CORI from DCJIS shall be subject to audit
				as described in
				803
				CMR 2.23:
Audits by
				DCJIS
.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 11.00 - Consumer Reporting Agency (CRA) › Section 11.14 - CRA Access to CORI for Purposes Other than on Behalf of a Client

Current through Register 1525, July 5, 2024
Nothing in
				803 CMR
				11.00 shall limit the ability of a CRA or an
				iCORI-registered client to access CORI pursuant to any other section of
				803 CMR
				2.00:
Criminal Offender Record Information
				(CORI)
including, but not limited to, access as an employer or member
				of the general public.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 11.00 - Consumer Reporting Agency (CRA) › Section 11.15 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				803 CMR
				11.00, or the application thereof, is held to be
				invalid, such invalidity shall not affect the other provisions or the
				application of any other part of
				803 CMR
				11.00 not specifically held invalid and, to this end,
				the provisions of
				803 CMR
				11.00 and various applications thereof are declared to
				be severable.
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 1.00 - Rules of Procedure › Section 1.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
804 CMR 1.00 establishes rules for procedure and practice before the Massachusetts Commission Against Discrimination. The purpose of 804 CMR 1.00 is to achieve a just, speedy and fair determination of matters before the Commission in the service of the public interest. In the interests of justice, the Commission, through its individual Commissioners, may exercise its discretion and relax the application of 804 CMR 1.00. The Commission shall issue such orders and fashion such relief as shall effectuate the purposes of the statutes enforced by the Commission.
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 1.00 - Rules of Procedure › Section 1.03 - Commissioner Authority

Current through Register 1525, July 5, 2024
In all matters involving the administration of complaints filed pursuant to M.G.L. c. 151B, and unless otherwise specifically noted in 804 CMR 1.00, one Commissioner may act for the Commission.
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 1.00 - Rules of Procedure › Section 1.04 - Complaint Filing, Amendment and Withdrawal

Current through Register 1525, July 5, 2024
(1)
Who May File
. A complaint alleging violations of the statutes enforced by the Commission may be filed at the Commission by any of the following:
(a) A person claiming to be aggrieved by the alleged violation(s);
(b) The duly authorized representative of a person claiming to be aggrieved by the alleged violation(s);
(c) An organization whose purpose includes the elimination of the unlawful practice(s) which is the subject of the complaint and whose members include one or more persons claiming to be aggrieved by the alleged violations, provided that the injured person(s) shall be named if the complaint seeks victim-specific relief;
(d) The Attorney General or their authorized representative provided that the injured person shall be named if the complaint seeks victim-specific relief; or
(e) The Commission, pursuant to 804 CMR 1.18.
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 1.00 - Rules of Procedure › Section 1.05 - Investigation and Answer of Complaint

Current through Register 1525, July 5, 2024
(1)
Preservation of Evidence
. Upon notice of the complaint, parties shall preserve all manner and forms of information and documents that are or may lead to evidence relevant to the charge of discrimination. Failure to so preserve may result in a rebuttable presumption concerning the evidence against the party failing to make such preservation. The Commission may issue sanctions pursuant to 804 CMR 1.22 related to the failure to preserve evidence.
(2)
Review and Authorization
. The Commission may undertake a preliminary review of a complaint to determine if further investigation would serve the public interest, and may dismiss a complaint at such stage subject to the following provisions:
(a)
Grounds for Dismissal
. The Commission may determine that further investigation is unwarranted due to a lack of standing, lack of jurisdiction, untimeliness, failure to state a claim of discrimination, frivolous claims, or where allegations are facially implausible or incapable of verification.
(b)
Notice of Dismissal
. If the Commission determines that further investigation would not serve the public interest, the Commission shall state the reasons for the determination in a dismissal notice served upon complainant only. Such dismissal notice shall constitute authorization to the complainant under 804 CMR 1.04(12)(b)  to pursue a civil action pursuant to M.G.L. c. 151B, § 9.
(c)
Appeal of Dismissal
. The complainant may appeal a dismissal issued pursuant to 804 CMR 1.05(2)(b) by filing with the Clerk's Office a written request for a preliminary hearing pursuant to 804 CMR 1.08(4)(b).
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 1.00 - Rules of Procedure › Section 1.06 - Mediation

Current through Register 1525, July 5, 2024
(1)
Mediation
. The Commission may offer the parties mediation aimed at resolution of the complaint prior to the issuance of an investigative disposition or a final decision. Mediation offered to the parties by the Commission is subject to M.G.L. c. 233, § 23C, and the following conditions:
(a) The mediation of a complaint shall be performed by the Investigating Commissioner.
(b) The Commission does not abrogate its obligation to vindicate the public interest by offering mediation to the parties.
(c) Pursuant to 804 CMR 1.06(1)(a) and (b), the confidentiality required by M.G.L. c. 233, § 23C applies to the Commission as a whole. Details of a mediation remain confidential within the Commission and confidential mediation materials not otherwise discoverable shall not be disclosed in any judicial or administrative proceeding, including public hearings held pursuant to 804 CMR 1.12, 1.18 or 1.19.
(d) The Commission may cancel or terminate its efforts to mediate a complaint if: any party fails or refuses to confer with the Commission; any party fails to make a good faith effort to resolve any dispute; the complainant fails to accept a reasonable settlement offer as provided in 804 CMR 1.09(11); the mediation does not serve to vindicate the public interest; or the Commission finds, for any reason, that voluntary agreement is not likely to result.
(e) All parties shall attend mediation with authority to settle the matter.
(f) At a predetermination mediation, a party may be represented by a duly authorized representative.
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 1.00 - Rules of Procedure › Section 1.07 - Investigative Default Procedure

Current through Register 1525, July 5, 2024
(1)
Notice of Consequences for Failure to Answer or Participate
. If a respondent fails to answer a verified complaint or otherwise fails to participate in the investigation, the Investigating Commissioner may serve upon respondent a notice of consequences. The notice of consequences shall list available sanctions for failing to answer or participate, which include, but are not limited to:
(a) The issuance of a probable cause determination in accordance with the allegations of the complaint; and
(b) A waiver of respondent's right to pursue reconsideration of the probable cause determination pursuant to 804 CMR 1.08(4)(a).
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 1.00 - Rules of Procedure › Section 1.09 - Conciliation

Current through Register 1525, July 5, 2024
(1)
Conciliation Required after Determining Probable Cause
. Upon a determination of probable cause pursuant to 804 CMR 1.08(1)(f)1. or 3., the Investigating Commissioner shall endeavor to eliminate the unlawful practice complained of through conference, conciliation and persuasion in accordance with M.G.L. c. 151B, §5. In conciliating a complaint, the Commission shall attempt to achieve a just resolution of the complaint and to obtain assurances that the respondent shall satisfactorily remedy any violations of the rights of the aggrieved person, and take such action as shall assure the elimination of discriminatory practices, or the prevention of their occurrence in the future.
(2)
Party Obligations
.
(a) Attendance at a scheduled conciliation is mandatory, and all parties shall attend conciliation with authority to settle the matter.
(b) The case in support of the complaint at conciliation shall be presented either by private counsel retained by complainant or by counsel for the Commission. A complainant may not proceed pro se at conciliation. A complainant's failure to retain counsel or cooperate with counsel for the Commission shall be grounds for dismissing the matter.
(c) At least ten days prior to the conciliation, counsel for complainant or counsel for the Commission shall send a written settlement proposal to respondent.
(d) At least five days prior to the conciliation, the parties shall hold preliminary settlement discussions for the purpose of making a good faith effort to resolve the complaint.
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 1.00 - Rules of Procedure › Section 1.10 - Discovery

Current through Register 1525, July 5, 2024
(1)
When Allowed
. Discovery may only be conducted pursuant to a discovery order from the Commission. Discovery orders may issue predetermination pursuant to 804 CMR 1.05(13), and discovery orders may issue post-determination if a matter does not resolve at conciliation conducted pursuant to 804 CMR 1.09.
(2)
Contents of Discovery Order
. A discovery order shall set forth the time period in which all discovery shall be served. Permitted discovery may include, but is not limited to, interrogatories to parties, requests for the production of documents, papers and other tangible things, depositions,
subpoenas
, requests for site examination, and requests for admissions.
(3)
Scope of Discovery
. Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter in the complaint, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not grounds for objection that the information sought shall be inadmissible at a public hearing if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.
(4)
Interrogatories
.
(a) No party shall serve upon any other party as of right more than 30 interrogatories, including interrogatories subsidiary or incidental to, or dependent upon, other interrogatories, however grouped or combined; but the interrogatories may be served in two or more sets, as long as the total number of interrogatories served does not exceed 30. All interrogatories shall be numbered consecutively.
(b) Each interrogatory shall be answered separately and fully in writing under the pains and penalties of perjury, unless it is specifically objected to, in which event the reasons for objection shall be stated in
lieu
of the answer; each answer or objection shall be preceded by the interrogatory to which it responds.
(c) The answers are to be signed by the person making them under the pains and penalties of perjury, the objections by the person or attorney making them.
(d) The party upon whom the interrogatories have been served shall serve answers and objections, if any, within 45 days after the service of the interrogatories.
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 1.00 - Rules of Procedure › Section 1.11 - Certification of Issues to Public Hearing

Current through Register 1525, July 5, 2024
(1)
Certification
. When the Investigating Commissioner determines that the public interest requires a certification of issues to public hearing, the Investigating Commissioner shall issue a certification order in the name of the Commission pursuant to M.G.L. c. 151B, § 5.
(2)
Certification Process
. The Investigating Commissioner may issue a certification order sua sponte or upon notification that discovery is complete, or, if circumstances so warrant, the Investigating Commissioner may schedule a conference pursuant to 804 CMR 1.11(3) prior to issuance of such order to determine which issues, if any, shall be certified to public hearing.
(3)
Certification Conference
. The Investigating Commissioner shall serve notice of the certification conference upon all parties and counsel of record. The Investigating Commissioner may issue an order requiring written submissions by the parties in advance of the certification conference, and failure to provide all written submissions as ordered shall be cause for sanctions. The written submissions shall contain the following:
(a) List of proposed issues to be certified to public hearing;
(b) Affirmative defenses;
(c) Parties, including definition of proposed classes;
(d) Pending motions (
e.g
., discovery issues, motions for certification, motions for reconsideration of probable cause);
(e) All relief sought, including any equitable relief and description of the bases on which damages are calculated;
(f) Settlement efforts; and
(g) Any other matter which in the judgment of the Investigating Commissioner is likely to expedite the preparation and presentation of the case.
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 1.00 - Rules of Procedure › Section 1.12 - Public Hearings

Current through Register 1525, July 5, 2024
(1)
Who May Adjudicate
. The public hearing shall be governed by M.G.L. 151B, § 5 and 804 CMR 1.12, and shall be conducted by a Hearing Commissioner.
(2)
Substitution of Hearing Commissioner
. In the event of the unavailability of the Hearing Commissioner to issue a written decision pursuant to 804 CMR 1.12(18), the Chairperson shall assign another Hearing Commissioner to hear any remaining evidence and to review the record, including the hearing transcript, resulting in one of the following outcomes:
(a) In the event the resolution of disputed issues of material fact rests on findings of witness credibility, and a decision cannot be rendered without such findings, the case shall be reassigned for a new hearing. Prior to scheduling a new hearing, the Commission shall hold a status conference with the parties and make good faith efforts at resolving the matter.
(b) In cases where the decision does not rest on credibility findings, a substitute Hearing Commissioner may render the decision. Prior to the issuance of a final decision, the parties may make written requests for proposed findings of fact and conclusions of law and an order, and shall be afforded a reasonable opportunity to file objections thereto. Any proposed findings of fact and conclusions of law or proposed orders shall be submitted in paper and electronic form, unless otherwise ordered by the Hearing Commissioner.
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 1.00 - Rules of Procedure › Section 1.14 - Subpoenas

Current through Register 1525, July 5, 2024
(1)
General Provisions
.
Subpoenas
shall be issued in the name of the Commission and in accordance with M.G.L. c. 151B, § 3 and M.G.L. c. 30A, § 12, subject to the following provisions:
(a)
Subpoena
s may require the attendance and testimony of witnesses and the production, copying, and photographing of any evidence including, but not limited to, books, records, correspondence documents or electronically stored information.
(b) A
subpoena
may be served by any person who is not a party and who is 18 years of age or older.
(c) Service of a
subpoena
upon a person named therein shall be made by personal service.
(d) When a
subpoena
is issued at the request of a party other than the Commission, the cost of the service as well as witness and mileage fees shall be those as in civil cases before the courts and shall be borne by the moving party.
(e) Upon a showing of economic hardship and in the interest of justice a party may move that a
subpoena
be issued by the Commission. Any such motion is exempt from 804 CMR 1.13(4) and (5), although it shall be served on counsel for all other parties to the proceeding before the Commission including, but not limited to, counsel for the Commission.
(f) Any party issuing a
subpoena
to a non-party shall give 14 days notice to the Commission and all parties prior to service, and the
subpoena
may not be served pending any motion served pursuant to 804 CMR 1.10(7)  or 804 CMR 1.14(4).
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 1.00 - Rules of Procedure › Section 1.15 - Parties and Counsel

Current through Register 1525, July 5, 2024
(1)
Intervention
. Any person or organization not originally a party to a complaint may move to intervene in a complaint, and shall be permitted to intervene, if, in the judgment of the Commission, that person or organization has a material interest in the outcome of the complaint, and asserts a claim or defense which has common questions of law or fact with the complaint.
(2)
Substitution, Joinder, or Amendment of Parties
. The Commission may
sua sponte
, or upon motion of any party, make such substitution, joinder, or amendment of parties as justice or convenience may require. All parties shall be notified of any substitution, joinder or amendment.
(3)
Consolidation
. The Commission may
sua sponte
, or upon motion of a party, order complaints involving a common question of law or fact to be consolidated for investigation, conciliation or public hearing.
(4)
Class Action
.
(a) The Investigating Commissioner may grant permission or
sua sponte
determine that a case shall proceed as an authorized class action at any time after a probable cause determination pursuant to 804 CMR 1.08(1)(f)1. or 3. and prior to certification to public hearing pursuant to 804 CMR 1.11 if the following prerequisites are met:
1. The class is so numerous that joinder of all members is impracticable;
2. There are questions of law or fact common to the class;
3. The claims or defenses of the representative parties are typical of the claims or defenses of the class;
4. The representative parties shall fairly and adequately protect the interests of the class;
5. The public interest is served by a class proceeding; and
6. The parties are allowed an opportunity to submit briefs on the issue prior to a
sua sponte
determination.
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 1.00 - Rules of Procedure › Section 1.16 - Service by the Commission

Current through Register 1525, July 5, 2024
In the absence of a specific rule of service in 804 CMR 1.00, the Commission may serve any paper in a manner reasonably calculated to ensure receipt including, but not limited to, service by U.S. Mail, personal service, or service
via
electronic mail.
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 1.00 - Rules of Procedure › Section 1.17 - Computing and Extending Time

Current through Register 1525, July 5, 2024
(1)
Computation
.
(a) In computing any period of time prescribed or allowed by 804 CMR 1.00 or by order of the Commission, the day of the act or event, including default, after which the designated period of time begins to run shall not be included.
(b) The last day of the period being computed shall be included, unless it is a Saturday, Sunday, or a legal holiday, in which event the period runs to the end of the next day which is not a Saturday, a Sunday, or a legal holiday.
(c) When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation.
(d) A legal holiday for the purposes of 804 CMR 1.17(1)(b) includes those days specified by M.G.L. c. 4, § 7 and any other day appointed as a holiday by the President or the Congress of the United States, or designated by the Laws of Massachusetts.
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 1.00 - Rules of Procedure › Section 1.18 - Proceedings on Commission Initiated Complaints

Current through Register 1525, July 5, 2024
(1)
General Provisions
.
(a) All complaints initiated by the Commission pursuant to M.G.L. c. 151B, § 5 and 804 CMR 1.04(1)(e)  shall be processed under 804 CMR 1.18, unless otherwise ordered by the Commission.
(b) Such matters shall be investigated, heard and determined by the Commission as expeditiously as possible.
(c) Upon a Commission initiated complaint, the procedures of 804 CMR 1.00 shall be suspended, with the exception of proceedings pursuant to 804 CMR 1.23, 1.24 and 1.25.
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 1.00 - Rules of Procedure › Section 1.19 - Emergency Proceedings

Current through Register 1525, July 5, 2024
(1)
General Provisions
.
(a) The Investigating Commissioner may upon motion demonstrating necessity, or sua sponte, order that any matter under his or her jurisdiction be processed as an emergency proceeding. The Commission may seek all remedies available pursuant to M.G.L. c. 151B.
(b) Such matters shall be investigated, heard and determined by the Commission as expeditiously as possible.
(c) Upon an order that a matter be set for emergency proceedings, the procedures of 804 CMR 1.00 shall be suspended, with the exception of 804 CMR 1.23, 1.24 and 1.25.
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 1.00 - Rules of Procedure › Section 1.20 - Language Assistance Services

Current through Register 1525, July 5, 2024
(1)
Basis for Services
. Parties who require language assistance services to ensure meaningful access to, participation in and understanding of Commission proceedings, programs or services, shall be provided such services.
(2)
Request Required
. Language and interpreter assistance services may be provided if the individual in need or his or her representative makes a written or verbal request for such services in advance of the proceeding, or if the Commission determines there is a need for said services. The Commission retains discretion to determine when such services are needed.
(3)
Type of Services
. The services to be provided, whether telephonic interpretation, professional interpretation services, or interpretation by a competent bilingual staff member or other bilingual individual, or other language assistance service, shall be determined by the Commission.
(4)
Adequate Notice Required
. Parties requiring language assistance services shall make every effort to give adequate notice to the Commission of the need for such services. If the Commission determines that such services are required and inadequate notice has been provided to secure such services, a proceeding may be continued until such time as the services may be secured.
(5)
Request for a Specific Interpreter
. Whether to allow a party's request for interpretation services from a particular individual is entirely within the discretion of the Commission.
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 1.00 - Rules of Procedure › Section 1.21 - Access to Commission Materials and Restrictions to Personal Data

Current through Register 1525, July 5, 2024
(1)
Case Information Available to the Public
. The following requirements apply to a request for case information by the public, all subject to 804 CMR 1.21(3):
(a)
Predetermination
. The investigative file in every charge under investigation, including the complaint, shall be confidential and exempt from public disclosure.
(b)
Post-determination
. The investigative file in every charge after an investigative disposition issues shall be confidential and exempt from public disclosure except for the complaint and the investigative disposition. The administrative record, which begins at the issuance of a probable cause determination and does not include the investigative file except for the complaint, shall be available upon case dismissal or the issuance of a hearing decision, whichever is first. In the event of an appeal pursuant to 804 CMR 1.23, the record of the appeal shall be available upon case dismissal or the issuance of a final decision by the Full Commission, whichever is first.
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 1.00 - Rules of Procedure › Section 1.22 - Sanctions

Current through Register 1525, July 5, 2024
Failure by any participant in Commission investigations and proceedings to comply with Commission orders, requirements or procedures may result in the imposition of sanctions against a participant or counsel, which may include without limitation the award of attorneys' fees and costs to other parties or the Commission, as well as investigative default against a respondent pursuant to 804 CMR 1.07.
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 1.00 - Rules of Procedure › Section 1.23 - Full Commission Review

Current through Register 1525, July 5, 2024
(1)
Review of Decision of a Hearing Commissioner
.
(a)
Time Period for Request
. Any party aggrieved by a final decision of a Hearing Commissioner may, within ten days of receipt of the decision, file a notice of appeal with the Clerk's Office in Boston.
(b)
Petition for Review
. Within 30 days of receipt of the decision, the appellant shall file with the Commission a petition for review with the Clerk's Office in Boston setting forth:
1. A statement of the issues presented for review;
2. A succinct statement of facts relevant to the issue(s) presented for review with appropriate citation references to the record upon which the appellant relies to support the appeal;
3. Any findings of fact which the appellant claims are not supported by substantial evidence and unwarranted by the facts in the record;
4. Any alleged error of law, including citations to the authorities, statutes and parts of the record relied on;
5. All other matters on which the appellant relies to support the appeal; and
6. The relief to which the appellant claims they are entitled, which relief may be requested in the alternative.
(c)
Service
. The party filing a notice of appeal or petition for review of a decision of the Hearing Commissioner shall serve a copy of the notice and petition upon all parties to the proceeding.
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 1.00 - Rules of Procedure › Section 1.24 - Judicial Review

Current through Register 1525, July 5, 2024
(1)
Definition of Final Commission Order
. For the purpose of judicial review pursuant to M.G.L. c. 151B, § 6 and M.G.L. c. 30A, only the decision of the Full Commission pursuant to 804 CMR 1.23(10) or (12) shall constitute the final order of the Commission.
(2)
Who May Obtain Judicial Review of a Final Commission Order
. Judicial review of a final Commission order may be obtained by the complainant, respondent or other person aggrieved by such order pursuant to M.G.L. c. 151B, § 6.
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 1.00 - Rules of Procedure › Section 1.25 - Judicial Enforcement

Current through Register 1525, July 5, 2024
(1)
Definition of Final Commission Order
. Where no party files a timely appeal to the Full Commission, the hearing decision shall constitute the final order of the Commission for the purposes of judicial enforcement. If an appeal to the Full Commission is timely filed, or the decision is reviewed
sua sponte
, the Full Commission decision shall constitute the final order of the Commission for purposes of judicial enforcement. Consent orders entered into by the Commission may constitute final orders of the Commission for the purposes of judicial enforcement.
(2)
Who May Obtain Judicial Enforcement of a Final Commission Order
. A party to a consent order or a person affected by a final decision and order of the Commission may request that the Commission initiate an action for enforcement. The Commission may obtain enforcement by filing a petition in the appropriate state court pursuant to M.G.L. c. 151B, § 6. The Commission may appear in court at enforcement proceedings through one of its attorneys, or it may designate counsel for the party aggrieved by the alleged violation as agent of the Commission for the purpose of obtaining enforcement, in writing.
(3)
Method of Enforcement
. The Commission may seek to enforce the provisions of M.G.L. c. 151B, M..G.L. c. 151C, or M.G.L. c. 272, §§ 92A, 98, or 98A, or any other statutes under the jurisdiction of the Commission, or 804 CMR 1.00 by utilization of the procedures set forth in M.G.L. c. 151B, §§ 5, 8, M.G.L. c. 214, § 3(12) or (13) or any other lawful means as the interests of justice demand.
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 2.00 - Housing Discrimination › Section 2.01 - General Provisions Pertaining to Housing Discrimination

Current through Register 1525, July 5, 2024
(1) Applicable Law. The Massachusetts Fair Housing statute, as contained in M.G.L. c. 151B, s. 4 prohibits discrimination because of race, color, religious creed, national origin, sex, age, ancestry, veteran status, sexual orientation, marital status, children, handicap, and receipt of public assistance or housing subsidy in the selling, renting or leasing of housing accommodations, commercial space, or land intended for use as such.
(2) Persons Covered By M.G.L. c 151B, s. 4.
(a) Owners of single family dwellings, multiple family dwellings, commercial space, or land intended for such use are covered by M.G.L. c. 151B, s. 4.
(b) Licensed real estate brokers, managing agents, lessees, sublessees, or assignees of such dwellings, commercial space or land are covered by M.G.L. c. 151B, s. 4.
(c) Those having right of ownership or possession, or right to rent, lease or sell, or negotiate for the sale or lease of such dwellings, commercial space or land are covered by M.G.L. c. 151B, s. 4.
(d) Agents or employees of any person(s) described in 804 CMR 2.01(a), (b) or (c) are covered by M.G.L. c. 151B, s. 4.
(e) Any organization of unit owners in a condominium or housing cooperative is covered by M.G.L. c. 151B, s. 4.
(f) Those persons who coerce, intimidate, threaten or interfere with another person in the exercise or enjoyment of any right under M.G.L. c. 151B, s. 4.
(g) Those persons who directly or indirectly prevent or attempt to prevent the construction, purchase, sale or rental of any dwelling or land covered by M.G.L. c. 151B, s. 4.
(h) Those persons who aid or abet in doing any illegal acts specified by 804 CMR 2.00 et seq. are covered by M.G.L. c. 151B, s. 4.
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 2.00 - Housing Discrimination › Section 2.02 - Housing Discrimination Against Persons with Children

Current through Register 1525, July 5, 2024
(1) Applicable Law. M.G.L. c. 151B, s. 4, subsection 11 prohibits discrimination in the leasing or renting of accommodations to any person because the person has a child or children who shall occupy the premises with such person.
(2) Definition of Children.
(a) For the purposes of 804 CMR 2.02, a child is any individual who has not yet attained the age of 18 years.
(b) For the purposes of 804 CMR 2.02, discrimination against persons with children shall extend to women who are pregnant.
(c) For the purposes of 804 CMR 2.02, discrimination against persons with children shall extend to persons who are in the process of securing legal custody of a child or children.
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 2.00 - Housing Discrimination › Section 2.03 - Housing Discrimination On The Basis Of Handicap

Current through Register 1525, July 5, 2024
(1) Applicable Law. M.G.L. c. 151B, s. 4, subsections 6, 7 and 7A prohibit discrimination in the sale or rental of accommodations to any person because of that person's physical or mental handicap.
(2) Definition of Handicap. Handicap is defined as follows:
(a) A person with a physical or mental impairment which substantially limits one or more major life activities. Major life activities include walking, seeing, hearing, speaking, breathing, learning and working.
(b) A person with a record of having this kind of impairment, or
(c) A person who is perceived as having this kind of impairment.
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 2.00 - Housing Discrimination › Section 2.04 - Housing Discrimination in Credit Services or Rental Accommodations-Applicable Law

Current through Register 1525, July 5, 2024
M.G.L. c. 151B, § 4, subsection 10 prohibits discrimination in the furnishing of credit services, or in the renting of accommodations against an individual who is a recipient of federal, state or local assistance.
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 2.00 - Housing Discrimination › Section 2.05 - Housing Discrimination in the Granting of Mortgage Loans-Applicable Law

Current through Register 1525, July 5, 2024
M.G.L. c. 151B, § 4, subsection 3B prohibits discrimination in the granting of mortgage loans, including the terms thereof because of race, color, religious creed, national origin, sex or ancestry.
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 10.00 - Enforcement of Commission Decisions › Section 10.01 - Scope

Current through Register 1525, July 5, 2024
804 CMR 10.00 prescribes the procedures for enforcement of Commission decisions. The objectives of enforcement of a Commission decision are to assure that the complainant is afforded the relief he or she is entitled to as a matter of law and to assure that the respondent is complying with the provisions of a final Commission or judicial decision affixing liability and providing a remedy.
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 10.00 - Enforcement of Commission Decisions › Section 10.02 - General Provisions

Current through Register 1525, July 5, 2024
In instances where the Commission has rendered a finalagency action finding a respondent liable under M.G.L. c. 151B, the Commission may commence any or allofthe enforcement actions specified by 804 CMR 10.00 inorder to enforce said final agency action, provided however, that the respondent against whom such finding has been made has exhausted all judicial remedies which may available to him/her. Enforcement actions include the following:
(a) Public Notice Actions;
(b) On-site Inspection;
(c) Commission Initiated Judicial Action;
(d) Designation of Counsel for Party Initiated Judicial Action;
(e) Attorney General Referral.
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 10.00 - Enforcement of Commission Decisions › Section 10.03 - Prerequisites to all Enforcement Actions

Current through Register 1525, July 5, 2024
The following are preconditions to the Commission commencing enforcement action under 804 CMR 10.00:
(1) the Commission shall determine that the respondent has no further judicial remedies;
(2) the Commission shall determine the final order affixing liability. The final order shall be either:
(a) the final unappealed Commission decision; or
(b) the decision of the Superior Court affirming or modifying the final Commission decision; or
(c) the decision of the Appeals Court or the Supreme Judicial Court affirming or modifying the final Commission decision.
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 10.00 - Enforcement of Commission Decisions › Section 10.04 - Public Notice Actions

Current through Register 1525, July 5, 2024
The Commission may commence to enforce a final order by undertaking any or all of the following actions:
(1) Issuing press releases which specify the name and the business address of the respondent, the nature of the complainant's claim, the finding of liability, the order of relief, and the fact that respondent has not complied with such order. Press releases may be issued at press conferences convened by the Commission.
(2) Placing legal notices in the newspaper whose circulation encompasses the geographic area in which the respondent's business or real estate is located. Such notice shall contain the information set forth in 804 CMR 10.04(1).
(3) Posting a notice of non-compliance upon the business premises of the respondent or upon the real estate in question. Such notice shall recite the fact that the respondent has been found liable by the Commission and that the respondent has failed to comply with the order(s) issued by the Commission. All notices shall contain a statement informing the general public of the Commission's finding that the respondent committed an act of discrimination in violation of M.G.L. c.151B. The notice shall also contain a statement that willful removal of the notice constitutes a violation of M.G.L. c. 151B, s. 8 may result in a Commission initiated complaint and assessment of monetary damages and/or civil penalties. The specific content of said notice may be varied but shall conform to the principles stated in this subsection and to the following format:
COMMONWEALTH OF MASSACHUSETTS
COMMISSION AGAINST DISCRIMINATION
Notice of Non-Compliance
The MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION has found that the owner of these premises committed an act of discrimination in violation of M.G.L. c. 151B. As a result, the Commission ordered said owner to pay monetary damages to the victim as compensation for this violation of the civil rights laws of Massachusetts. Said owner is delinquent in paying such damages, or in cooperating in the payment thereof.
NOTE: Willful removal of this notice constitutes a violation of M.G.L. c. 151B, s. 8 and may result in the issuance of a Commission initiated complaint and assessment of monetary damages and/or civil penalties.
THIS NOTICE IS PLACED BY ORDER OF THE COMMISSION THIS DAY OF , 20 .
Chairman, Massachusetts Commission Against Discrimination
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 10.00 - Enforcement of Commission Decisions › Section 10.05 - On-Site Inspections

Current through Register 1525, July 5, 2024
The Commission may commence to enforce a final order by undertaking an on-site inspection.
(1) The purpose of such inspection will be to review the respondent's progress in complying with the final order.
(2) Following an on-site inspection, the Commission shall issue a report to the respondent and complainant which defines any noted deficiencies. Furthermore, the Commission may reopen the case, issue requirements for periodic reports from the respondent on steps taken to ameliorate the deficiency, issue Commission initiated complaints, and take whatever other steps are necessary to correct the deficiencies.
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 11.00 - Training Fees › Section 11.01 - Purpose, Authority

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of 804 CMR 11.00 is to provide for the orderly and efficient administration of training services provided by the Commission through the establishment of an application process and training fees; and to otherwise implement the provisions of M.G.L. c. 151B, § 3, paragraph 15.
(2)
Authority
. 804 CMR 11.00 is adopted pursuant to M.G.L. c. 151B, § 3, paragraph 15.
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 11.00 - Training Fees › Section 11.02 - Definitions

Current through Register 1525, July 5, 2024
As used in 804 CMR 11.00, the following terms shall have the following meanings, unless the context clearly requires otherwise:
Applicant.
Any person or employer who applies for training services from the Commission.
Chair.
The Chairman or Chairwoman of the Massachusetts Commission Against Discrimination as designated pursuant to section fifty-six of chapter six.
Commission.
The Massachusetts Commission Against Discrimination, established by section fifty-six of chapter six.
Employer.
Any person, firm, corporation, partnership, association or other entity engaged in a business or in providing services, including the Commonwealth of Massachusetts and any of its political subdivisions.
Person.
Any individual, trust, firm, public or private corporation or authority, partnership, association or other entity or any group thereof or any officer, employee, or agent thereof, the Commonwealth and the federal government and any agency or authority thereof, including any city, town, county, or district of the Commonwealth.
Training.
The provision of educational services by the Chair or his or her designee relating to the anti-discrimination laws enforced by the Commission.
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 11.00 - Training Fees › Section 11.03 - Application Requirements for Training

Current through Register 1525, July 5, 2024
(1) Any person or employer who seeks to receive training services from the Commission should contact the Commission for further information
(2) Training services shall be provided to employers only as set forth in 804 CMR 11.03(2)(a) through (d):
(a) mandatory training pursuant to the terms of a Commission or Court Order;
(b) stipulated training pursuant to the terms of a Commission Settlement Agreement;
(c) voluntary training pursuant to the request of an employer; and/or
(d) as directed by the Chair or his or her designee as he or she deems appropriate.
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 11.00 - Training Fees › Section 11.04 - Training Fees

Current through Register 1525, July 5, 2024
The Commission shall set fees annually through its Training Program Instruction. The Instruction shall also include information about requirements prior to scheduling training, the availability of fee waivers, and training referrals.
Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 12.00 - Fees For The Provision Of Commission Public Records › Section 12.01 - Purpose and Authority

Current through Register 1525, July 5, 2024
804 CMR 12.00 is promulgated pursuant to the authority granted by M.G.L. c. 151B, s. 3, paragraph 15. 804 CMR 12.00 is intended to set the amount to be charged for the provision of public records in conformity with M.G.L. c. 66, s. 10 and all other applicable statutes and regulations.