Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 1.00 - Rules of Procedure › Section 1.08 - Investigative Dispositions, Complaint Dismissals and Appeal

Current through Register 1525, July 5, 2024
(1)
Types of Investigative Dispositions
. The Commission may conclude the investigation of a complaint as follows:
(a)
Substantial Weight Granted to Investigation by Another Forum
. After deferral of an investigation pursuant to 804 CMR 1.05(7), if it appears that the Commission's requirements and standards have been met, the Commission may accord substantial weight to the findings or resolution of the other forum and close the investigation or prosecute the complaint pursuant to 804 CMR 1.08(1)(f)1. or 3.
(b)
Withdrawal of Complaint
. The Commission shall dismiss a complaint properly withdrawn pursuant to 804 CMR 1.04(12), although it may decide to file a Commission initiated complaint based on the same allegations pursuant to 804 CMR 1.18.
(c)
Lack of Jurisdiction
. Whenever the Investigating Commissioner determines that the Commission lacks jurisdiction over the parties or subject matter of the complaint, the Investigating Commissioner shall dismiss the complaint and shall notify the parties in writing, stating the reasons therefor.
(d)
Administrative Dismissal
. If the public interest so requires, the Investigating Commissioner may administratively dismiss a complaint for reasons including, but not limited to, bankruptcy, death of a party, inability to locate a party, adjudication by another forum, unreasonable refusal by complainant to cooperate with processing the case, failure to participate, or refusal to accept a reasonable settlement offer pursuant to the criteria of 804 CMR 1.09(11). Administrative dismissal shall be subject to the following provisions:
1. Before dismissing a matter because of inability to locate a party, the Commission shall provide notice to the party stating that the matter shall be dismissed if a response is not received within 30 days. Such notice shall be provided to the last address reported to the Commission by the party. The Investigating Commissioner shall allow 30 days for response before administratively dismissing the matter.
2. Unreasonable refusal by complainant to cooperate with processing of the case may include, but is not limited to, failure to provide information, materials or responses which are necessary for investigation of the complaint, or failure to comply with an order issued by the Investigating Commissioner.
3. When practicable, in any matter administratively dismissed, written notice shall be provided to the complainant, including the reasons for the dismissal.
4. An administrative dismissal shall not constitute a final order for purposes of exercising rights provided under M.G.L. c. 151B, § 6 or M.G.L. c. 30A.
5. The Investigating Commissioner may reopen an administratively dismissed case for good cause shown.
(e)
Settlement
. The Commission may dismiss a complaint due to settlement of the complaint under the following conditions:
1.
Notification to Commission
. Parties shall promptly notify the Commission in writing upon reaching a settlement.
2.
Review and Availability of Settlement Terms
.
a. The Investigating Commissioner may require the parties to submit the terms of such settlement in writing to the Commission.
b. Except in HUD housing complaints, the Commission may keep settlement terms confidential at the request of the parties.
c. If it appears from the facts of the complaint and the terms of settlement that the public interest has been served, the Investigating Commissioner may dismiss the complaint without a determination as to whether probable cause existed to credit the allegations of the complaint, and shall so notify the parties in writing.
(f)
Causal Determinations
.
1.
Probable Cause
. A determination of probable cause shall be made when the Investigating Commissioner concludes after investigation of the complaint that there is sufficient evidence upon which a fact-finder could form a reasonable belief that it is more probable than not that respondent committed an unlawful practice. Disputes involving genuine issues of material fact shall be reserved for a fact-finder at public hearing.
Right to Elect Judicial Determination
. If the Investigating Commissioner finds probable cause to credit the allegations of any housing complaint, including those dual filed with HUD, the Investigating Commissioner shall immediately serve notice upon complainant and respondent of the right to elect judicial determination of the complaint pursuant to M.G.L. c. 151B, § 5.
2.
Lack of Probable Cause
. If the Investigating Commissioner determines after investigation of the complaint that there is insufficient evidence to support a determination of probable cause to credit the allegations of the complaint, a lack of probable cause determination shall be issued and the complaint shall be dismissed. Notice of a lack of probable cause determination shall be issued within ten days from such determination.
3.
Multiple Determinations
. Where the complaint contains claims of more than one unlawful practice, the Investigating Commissioner shall make a determination of probable cause or lack of probable cause with respect to each claim.