Current through 2024-51, December 18, 2024
Section 250-510-6 - Determinations of complaints1. Determinations without hearing. If no hearing has been requested by the complainant, then the Secretary of State or his/her designee may make a determination based on the written submissions of the complainant and respondent and any other relevant information obtained by the Secretary of State's office.A. Withdrawal of request for a hearing. The complainant may withdraw his/her initial request for a hearing at any time or agree to resolve the complaint through an informal conference or based on written submissions.B. Notice and comment prior to final determination. Prior to issuing a final determination of a complaint without hearing, the Secretary of State or his/her designee shall give notice to the complainant and respondent and offer them an opportunity to comment on the proposed determination within 5 business days.2. Determinations after hearing. The Secretary of State or the designee who conducted the hearing shall issue a final, written determination of the complaint.3. Requirements for all determinations.A. Deadline for final determination. The final, written determination must be madeno later than 90 days after the complaint was accepted for filing, unless the complainant consents to a longer period of time.B. Scope of the determination. The final determination shall include findings of fact regarding the alleged violations, based on a preponderance of the evidence standard, and shall specify an appropriate remedy if a Title III violation is found. If no violation is found, then the final determination shall dismiss the complaint.C. Copies of determination. TheSecretary of State's office shall provide copies of the final determination to the complainant and respondent.29- 250 C.M.R. ch. 510, § 6