Rhode Island Code of Regulations › Title 515 - Commission for Human Rights › Chapter 10 - Operation › Subchapter 00 - N/A › Part 1 - Definitions and General Applicability › Section 515-RICR-10-00-1.2 - Definitions

Current through June 14, 2024
A. Definitions. When used in this Part, and
				 hereafter in this Chapter, except as otherwise indicated, the following
				 definitions shall apply:
1. "Adjudicatory
				 proceedings" means any proceeding conducted by the Commission, following a
				 finding of probable cause, which may result in an award of damages or other
				 affirmative relief.
2.
				 "Administrative Procedures Act" refers to R.I. Gen. Laws §
											42-35-1,
				 et seq.
3. "Chairperson" means the
				 Chairperson of the Commission duly designated by the Governor of the State of
				 Rhode Island, pursuant to R.I. Gen. Laws §
											28-5-8.
4. "Charge" means a written statement made
				 under oath alleging that any person has engaged in or is engaging in unlawful
				 discriminatory practices that has been filed pursuant to §
											2.4     of this
				 Subchapter.
5. "Commission" means
				 the Rhode Island Commission for Human Rights.
6. "Commission attorney" means the legal
				 counsel or attorney duly appointed to represent the Commission.
7. "Commissioner" means any member of the
				 Commission duly appointed by the Governor of the State of Rhode Island,
				 pursuant to R.I. Gen. Laws §
											28-5-8.
8. "Complainant" means an aggrieved
				 individual(s) who, or an organization chartered for the purpose of combating
				 discrimination, racism, or of safeguarding civil liberties, or of promoting
				 full, free or equal employment opportunities which, files a charge with the
				 Commission, or the Commission member(s) or staff member(s) who files a charge
				 on behalf of the Commission.
9.
				 "Complaint" means a formal complaint issued by the Commission pursuant to
				 §
											2.9     of
				 this Subchapter.
10. "Conciliation"
				 means a process to achieve a just resolution which assures that any unlawful
				 discriminatory practice of respondent will be eliminated by requiring
				 appropriate affirmative or other action.
11. "Declaratory order" means an Order issued
				 by the Commission that:
a. interprets or
				 applies a statute administered by the Commission;
b. clarifies whether a Regulation, guidance
				 document or Order issued by the Commission applies to a petitioner; or
c.  clarifies how a Regulation,
				 guidance document or Order issued by the Commission applies to a
				 petitioner.
12.
				 "Director" means the duly appointed Executive Director of the
				 Commission.
13. "Discriminate"
				 means, but is not limited to: segregate, separate or accord different
				 treatment, or refuse reasonable accommodation when required by law.
14. "Fair Employment Practices Act" refers to
				 R.I. Gen. Laws §
											28-5-1, et
				 seq.
15. "Fair Housing Practices
				 Act" refers to R.I. Gen. Laws §
											34-37-1,
				 et seq.
16. "Hearing officer"
				 means any person designated by the Commission to conduct a hearing.
17. "Housing accommodation" means any
				 building or structure, or portion thereof, or any parcel of land, developed or
				 undeveloped, which is occupied, or is intended, designed or arranged to be
				 occupied, or to be developed for occupancy, as the home or residence of one or
				 more persons.
18. "Owner", when
				 used in Part 3 of this Subchapter, means one or more individuals, partnerships,
				 associations, organizations, corporations, labor organizations, mutual
				 companies, joint-stock companies, trusts, receivers, legal representatives,
				 trustees, other fiduciaries, or real estate brokers or real estate salespersons
				 having the right to sell, rent, lease, or manage a housing accommodation,
				 including, but not limited to, property owners, property managers, real estate
				 brokers and agents and state and municipal governments.
19. "Party" or "Parties" means the
				 complainant or complainants, the respondent or respondents and other persons
				 joined in the matter.
20.
				 "Petition" means a request for an award of reasonable litigation expenses, a
				 Declaratory Order or the promulgation of a Regulation.
21. "Petitioner" means a person requesting a
				 Declaratory Order or the promulgation of a Regulation.
22. "Predetermination settlement" means any
				 settlement occurring prior to a ruling by the Preliminary Investigating
				 Commissioner.
23. "Protected class"
				 means a group of persons afforded protection under Rhode Island
				 anti-discrimination laws because of their membership in that
				 statutorily-defined group.
24.
				 "Reasonable litigation expenses", when used in §
											2.18     of this Subchapter,
				 means those expenses which were reasonably incurred by a respondent in
				 adjudicatory proceedings, including, but not limited to, attorney's fees,
				 witness fees of all necessary witnesses, and other such costs and expenses as
				 were reasonably incurred.
25.
				 "Respondent" means a person or entity against whom a charge has been filed, or
				 against whom a complaint has been issued.
26. "Rule" or "Regulation" means the whole or
				 a part of an agency statement of general applicability that implements,
				 interprets or prescribes law or policy or the organization, procedure or
				 practice of an agency and has the force of law. The term includes the amendment
				 or repeal of an existing Regulation. The term does not include the exceptions
				 listed in the Rhode Island Administrative Procedures Act.
27. "Substantial justification" means that
				 the initial position of the Commission, as well as the Commission's position in
				 the proceedings, has a reasonable basis in law and fact. The fact that the
				 respondent prevailed after the final hearing on the merits does not create a
				 presumption that the Commission's position was not substantially
				 justified.
28. "Unlawful
				 discriminatory practice" means any act or acts prohibited by Rhode Island
				 anti-discrimination laws, including the continuing present effects of past
				 unlawful discriminatory practices.