Rhode Island Code of Regulations › Title 515 - Commission for Human Rights › Chapter 10 - Operation › Subchapter 00 - N/A › Part 2 - Procedure › Section 515-RICR-10-00-2.9 - Complaint and Notice of Hearing

Current through June 14, 2024
A. Issuance of
				 Complaint. After a determination of probable cause and a failure of
				 conciliation efforts, or, after a determination that the circumstances warrant,
				 in advance of any preliminary investigation or conciliation endeavors, the
				 Commission shall serve upon all parties by certified mail, a written complaint
				 and a notice of hearing. The hearing date shall not be less than ten (10) days
				 after the service of the complaint.
B. Content of Complaint. Every complaint
				 shall be written and state the unlawful discriminatory practice allegedly
				 engaged in and the date of its occurrence in a manner sufficiently precise to
				 identify the parties, to describe generally the action or practices complained
				 of, and to comply with the Rhode Island Superior Court Rules of Civil
				 Procedure. The complaint shall be signed by a Commissioner or the
				 Director.
C. Contents of Notice of
				 Hearing. The notice of hearing shall state the time and place of hearing, and
				 the name and telephone number of the Commission attorney, if any.
D. Time of Issuance. The Commission shall
				 issue a complaint within the time provided by the applicable laws.
E. Amendment of Complaint. Any complaint may
				 be amended by the Commission provided that the respondent has had an
				 opportunity to object and be heard on the amendment. A copy of any amended
				 complaint shall be served on all parties. When issues not raised by the
				 pleadings are tried by express or implied consent by the parties, they shall be
				 treated in all respects as if they had been raised in the pleadings. If
				 evidence is objected to at the hearing on the ground that it is not within the
				 issues raised by the pleadings, the hearing officer may allow the pleadings to
				 be amended and shall do so freely when the presentation of the merits of the
				 actions will be promoted thereby and the objecting party fails to satisfy the
				 hearing officer that the admission of such evidence would prejudice the
				 objecting party in maintaining that party's action or defense upon the
				 merits.
F. Joinder of Parties. Any
				 person charged with unlawful discriminatory practices arising out of the same
				 transaction, occurrence or series of transactions or occurrences may be joined
				 as a respondent in the same complaint. A person shall, whenever possible, be
				 joined as a party in the complaint when:
1. in
				 their absence complete relief cannot be accorded among those already parties;
				 or,
2. they claim an interest
				 relating to the subject of the complaint and are so situated that the
				 disposition of the complaint in their absence may:
a. as a practical matter impair or impede
				 their ability to protect that interest; or,
b. leave any of the persons already parties
				 subject to a substantial risk of incurring multiple, or otherwise inconsistent
				 obligations by reason of their claimed interest. If such a person cannot be
				 made a party, the Commission shall decide whether the action should proceed or
				 be dismissed.