94-348-2 Me. Code R. § 02

Current through 2024-51, December 18, 2024

Section 348-2-02 - COMPLAINTS

A.Who may file

(1) Any aggrieved person may file a complaint with the Maine Human Rights Commission (the "Commission").

(2) Any employee of the Commission may file a complaint with the Commission alleging an act or practice of unlawful discrimination.

(3) If the aggrieved person is a minor child at the time of filing, the named party in a complaint must be the child's parent or legal guardian, filing on behalf of the minor child, and the child's name will remain confidential until the child reaches the age of majority. If the aggrieved person reaches the age of majority while the complaint is pending at the Commission, the investigation will continue with the aggrieved person proceeding on their own behalf without requiring amendment of the complaint.

B.Contents

A complaint should briefly set forth the facts and circumstances surrounding the alleged discrimination.

C.When to file

A complaint of discrimination must be filed with the Commission not more than 300 days after the act of alleged discrimination occurred.

D.Where to file

Complaints must be filed at the office of the Maine Human Rights Commission, 51 State House Station, Augusta, Maine 04333-0051; complaints filed with the Equal Employment Opportunity Commission ("EEOC") and the United States Department of Housing and Urban Development ("HUD") pursuant to work sharing agreements between the Commission and EEOC and HUD shall be deemed filed with the Commission on the date of filing with EEOC or HUD.

E.How to file

A complaint may be filed by filling out a form provided by the Commission or by EEOC or HUD pursuant to work sharing agreements between the Commission and EEOC or HUD. Complaints must be sworn to under oath by the aggrieved person (hereinafter, the "Complainant") before a Notary Public or other person authorized by law to administer oaths, or before a representative of the EEOC or HUD pursuant to work sharing agreements signed between the Commission and the EEOC and HUD.

Upon request, Commission staff will assist in the preparation of the necessary complaint forms as follows. Aggrieved persons may provide information by mail, telephone, or email, or through the Intake Questionnaire on the Commission's website (www.maine.gov/mhrc). Commission staff may request that intake forms be prepared and submitted. If the information received alleges a violation of the Act, Commission staff will reduce the information to writing on the appropriate complaint form and send it to the aggrieved person to be notarized and filed with the Commission. If the information received does not appear to allege a violation of the Act, the Commission will notify the aggrieved party and provide them with a blank complaint form, which the aggrieved party may prepare and file without the Commission's assistance.

A signed, notarized complaint may be filed in person at the Commission's office in Augusta, by mail, or electronically (by email or via a portal system if adopted by the Commission). If the complaint is filed electronically, it will be considered filed on the business day when it is received (so long as it is received during Commission business hours). If the complainant is initially filed electronically, the Complainant must promptly file an original version of the signed, notarized complaint in person or by mail. If the complaint is not received by the Commission during its business hours, the complaint will be considered filed on the next business day.

F.Amendment of complaints

Complaints may be amended to cure technical defects or omissions, including failure to swear to the complaint under oath before a Notary Public, or to clarify and amplify allegations made therein. Such amendments and amendments alleging additional acts that constitute unlawful practices related to or growing out of the subject matter of the original complaint will relate back to the date the complaint was first received. Amendments to complaints must be sworn to under oath by the Complainant.

Amendments otherwise allowable but made without sufficient time to allow the Commission's investigator to conduct a timely preliminary investigation prior to the expiration of the Commission's jurisdiction shall be accepted for filing, and, absent extraordinary circumstances, shall be included in the final Investigator's Report with a recommendation of "no reasonable grounds".

G.Withdrawal of complaints

(1) A complaint may be withdrawn at any time, by written request, prior to the issuance of a statement of finding by the Commission, by the Complainant provided, however, that where the investigation and processing of a complaint has been completed and an Investigator's Report issued prior to the receipt of a written request for withdrawal, withdrawal is subject to Commission approval. Upon notification or approval of withdrawal, the Commission shall cease its investigation.

(2) If Complainant makes a request for withdrawal after an Investigator's Report has been issued, the Commission's Executive Director will present the request to the Commission at a public proceeding along with their recommendation as to whether the request should be granted or not. If the request is not granted, the case will proceed to be decided by the Commission.

(2) Withdrawal of an individual complaint will not preclude the investigation and processing of any complaint filed by any employee or member of the Commission, which alleges the same acts of discrimination.

H.Administrative dismissal

The Commission's Executive Director may, in their discretion, administratively dismiss complaints of discrimination for reasons including, but not limited to, the following:

(1) lack of jurisdiction;

(2) failure to substantiate the complaint of discrimination;

(3) failure to file a complaint of discrimination within 300 days of the date of alleged discrimination;

(4) failure by complainant to proceed or cooperate with the investigation, including (but not limited to) a complaining party's repeated or egregious failures to abide by the Commission's confidentiality requirements;

(5) bankruptcy filing by the person or persons against whom the complaint has been filed (hereinafter, the Respondent); or

(6) death of Complainant, if no person with legal authority to continue the case appears on behalf of themselves or the Complainant's estate within a reasonable time.

Immediately following administrative dismissal, the Commission shall notify the complainant and the respondent of its action, and shall inform the complainant of her/his right to proceed pursuant to 5 M.R.S. §4621. An administrative dismissal operates as an order of dismissal and has the same effect as a finding by the Commission that no reasonable grounds exist to believe that unlawful discrimination has occurred, except that an administrative dismissal pursuant to paragraph (3) does not entitle the complainant to an award of attorney's fees, civil penal damages or compensatory and punitive damages.

Requests for Reconsideration: Requests for reconsideration of the Executive Director's decision to administratively dismiss a complaint may be made only by a party to the complaint or by a member of the Commission's staff. Requests for reconsideration shall be made only where there has been a significant factual or legal error or omission, or to bring forth new information that could not have been presented previously. All requests for reconsideration shall be subject to the discretion of the Executive Director.

I.Notice of Right to Sue

A right to sue letter may be requested by a complainant, in writing, 18 0 days or more after the filing of a complaint with the Commission. If the Commission has not filed a civil action in the case or has not entered into a conciliation agreement in the case, the Commission's Executive Director or their designee shall issue a right-to-sue letter, provided, however, that where the investigation and processing of the complaint have been completed and an Investigator's Report issued prior to the receipt of a written request for a right-to-sue letter, the issuance of the right-to-sue letter is subject to the Commission's approval. If Complainant makes a request for a right-to-sue letter after an Investigator's Report has been issued, the Commission's Executive Director will present the request to the Commission at a public proceeding along with their recommendation as to whether the request should be granted or not. If the request is not granted, the case will proceed to be decided by the Commission. Upon issuance of the right-to-sue letter, the Commission shall end its investigation.

J.Conflict of Interest

(1) As used in the subsection, "conflict of interest" means that:

a) a Commissioner or a member of their immediate family (used herein to include a Commissioner's spouse/domestic partner, parent, grandparent, sibling, child, and/or grandchild, including step-, in-law, and adoptive/foster relationships) has an adverse or pecuniary interest as defined by 5 M.R.S. §18; or

b) a Commissioner or a member of their immediate family is a complainant or respondent in a case under investigation or is a witness involved in the investigation; or

c) a Commissioner or a member of their immediate family is an employee or member of an entity that is a party in a case under investigation by the Commission, or an employee or member of an entity operating as an advocate for a party appearing before the Commission.

(2) The Commission will not provide any information to a who is a party to a complaint which it would not provide to any other respondent or complainant. If a Commissioner has a conflict of interest other than as a party to a complaint, that Commissioner will be provided only with information that would be provided to a member of the public upon request.

(3) All communications with the Commission made by the Commissioner with the conflict of interest relative to the merits of the case prior to the conclusion of the investigation as defined in 5 M.R.S. §4612(l)(B), will be directed to the investigator assigned to the case, not to the Executive Director, the Commission Counsel, or any other Commissioner. All such communications will be noted in the case file. Unless the Commissioner with the conflict of interest is a party to the case, they shall not make any statements or suggestions regarding the outcome of the case to the investigator.

(4) Any Commissioner who has a conflict of interest in a case before the Commission will excuse themselves from the Commission proceeding affecting that case pursuant to Rules 2.07 and 2.08.

(5) A Commissioner who has no conflict of interest that falls within the definition provided above, but feels that they may be unable to decide a case fairly or who may be perceived as having a conflict of interest, may choose to excuse themselves from the Commission decision affecting that case, upon their own request, upon request of a party to the case, or upon recommendation by Commission Counsel or the Executive Director.

94-348 C.M.R. ch. 2, § 02