Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 1.00 - Rules of Procedure › Section 1.02 - Definitions

Current through Register 1525, July 5, 2024
As used in 804 CMR 1.00:
Commission
means the Massachusetts Commission Against Discrimination.
Commissioner
means one of three members of the Commission appointed by the Governor of the Commonwealth of Massachusetts in accordance with M.G.L. c. 6, § 56, which includes a Chairperson of the Commission.
Complainant
means any person who files a verified complaint with the Commission.
Complaint
means the allegations of unlawful discrimination filed with the Commission and includes HUD housing complaints, absent a special rule or exception.
Document
means any paper document or electronically stored information, including writings, drawings, graphs, charts, photographs, sound recordings, images and other data or data compilations, stored in any medium from which information can be obtained either directly or, if necessary, after translation into a reasonably usable form.
Duly Authorized Representative
means any person authorized by a party to communicate on their behalf with the Commission, including an attorney in good standing, who has filed a notice of appearance in a matter before the Commission.
Ex Parte
means without notice to or argument from the adverse party.
Full Commission
means at least two but sometimes three Commissioners.
Hearing Commissioner
means the Commissioner designated by the Chairperson of the Commission to adjudicate complaints of discrimination, or their designee, including a person found to be qualified by the Commission as a Hearing Officer or the Full Commission.
HUD Housing Complaint
means any complaint alleging discrimination in housing under M.G.L. c. 151B which is dual filed with the U.S. Department of Housing and Urban Development.
Investigating Commissioner
means the Commissioner designated by the Chairperson of the Commission to investigate a complaint of discrimination, or their designee.
Investigative Disposition
means the official document issued by the Commission upon conclusion of the investigation containing the determination of the Investigating Commissioner.
Moving Party
means the party who files a written motion with the Commission, or moves for relief verbally at public hearing.
Order
means a direction or decision of the Commission.
Party
means the complainant, respondent and any person permitted to intervene in a Commission proceeding; after a complaint is certified to public hearing, the Commission also becomes a party to the proceeding.
Person
means any natural person, corporation, trust, partnership, incorporated or unincorporated association, limited liability company, and any other legal entity.
Personal Service
means actual delivery of the notice or process to the person to whom it is directed, which in the case of a natural person means, either by delivery in hand or by leaving copies at the last and usual place of abode of such person, and in the case of a legal entity, means delivering notice or process in hand to an officer, managing or general agent or person in charge of the business at the principal place of business.
Post-determination
means the period of time beginning with the issuance of an investigative disposition.
Pre-determination
means the period of time between the filing of a complaint and the issuance of an investigative disposition.
Preliminary Hearing
means an informal appeal hearing held at the Commission upon written request of a complainant or their attorney within ten days of service of an adverse investigative disposition.
Probable Cause
means there is sufficient evidence upon which a fact-finder could form a reasonable belief that it is more probable than not that a respondent committed an unlawful practice.
Pro Hac Vice
means admission of an attorney to practice at the Commission for a particular case only.
Pro Se
means a person appearing on their own behalf who is not represented by an attorney.
Pseudonym
means a fictitious name used to conceal the identity of a complainant.
Public Hearing
means the adjudicatory hearing held at the Commission pursuant to M.G.L. c. 151B, § 5 in which the respondent answers the charges of the complaint certified to hearing by the Investigating Commissioner.
Respondent
means the person, business, employer, labor organization, employment agency, housing provider, real estate broker or agent, lender, appraiser or any other person or entity alleged to have committed unlawful discrimination in a complaint filed with the Commission.
Sua Sponte
means an action taken by the Commission of its own accord which does not require prompting or suggestion by a party.
Subpoena Duces Tecum
means an order commanding the production of evidence including specified books, documents, or records; such command may be included in a
subpoena
commanding testimony or it may be issued independent of or in
lieu
of testimony.