Rhode Island Code of Regulations › Title 515 - Commission for Human Rights › Chapter 10 - Operation › Subchapter 00 - N/A › Part 2 - Procedure › Section 515-RICR-10-00-2.16 - Decisions and Orders

Current through June 14, 2024
A. Content. Any
				 Decision and Order of the Commission issued after a hearing shall contain
				 findings of fact, conclusions of law, and a ruling on each proposed finding of
				 fact submitted by a party.
B.
				 Issuance of Decisions and Orders. Unless specifically provided otherwise in
				 this Part, the following procedures shall apply to all Decisions and Orders
				 issued by the Commission:
1. At least three
				 (3) Commissioners must participate in the decision on a case. A majority of the
				 Commissioners must agree on the Decision and Order.
2. If the Commission determines that the
				 respondent has engaged in, or is engaging in, any unlawful discriminatory
				 practice, the Commission shall serve on such respondent a Decision and Order
				 containing findings of fact and conclusions of law, and requiring such
				 respondent to cease and desist from such unlawful discriminatory practice and
				 to take such further affirmative action as will effectuate the purposes of the
				 Rhode Island antidiscrimination laws, including, but not limited to:
a. hiring, reinstatement, or upgrading of
				 employees with or without back pay;
b. admission or restoration to union
				 membership or to training practices with utilization of objective criteria for
				 admission;
c. admission to place of
				 public accommodation;
d. sale or
				 lease of housing accommodations and lending of money upon equal terms and
				 conditions, and,
e. a requirement
				 for reports of the manner of compliance, payment of complainant's attorney's
				 fees, expert fees, other litigation expenses and compensatory
				 damages.
3. With respect
				 to charges filed under the Fair Housing Practices Act, upon a determination
				 that a respondent has engaged in, or is engaging in, any unlawful
				 discriminatory practice, the Commission may also order the respondent to pay a
				 civil penalty as provided by law and may also order the respondent to pay the
				 complainant damages sustained by the unlawful discriminatory
				 practice.
4. In case a respondent
				 is operating by virtue of any license or permit issued by the state or agency
				 thereof, if the Commission determines after hearing that the respondent has
				 engaged in or is engaging in any unlawful discriminatory practice, the
				 Commission shall send a copy of its Decision and Order to the licensing or
				 contracting authority.
5. At any
				 time in its discretion, the Commission may investigate whether the terms of the
				 Decision and Order are being complied with. Upon a determination that the terms
				 of the Decision and Order are not being complied with, the Commission may take
				 appropriate action to assure compliance including, but not limited to,
				 petitioning the Superior Court of Rhode Island for its enforcement.
6. The Commission with the consent of the
				 respondent may enter a consent Order at any time after service of a complaint.
				 Such consent Orders shall include an express provision that respondent intends
				 to be legally bound thereby. Consent orders shall have the same force and
				 effect as a Decision and Order of the Commission entered after hearing. Such
				 consent Orders shall waive public hearing and may or may not make findings of
				 fact or conclusions of law.