94-348-2 Me. Code R. § 06

Current through 2024-51, December 18, 2024
Section 348-2-06 - COMMISSION MEETING
A. Presentations
(1) The Commission may allow the parties, in cases in which a written submission of disagreement with the Investigator's Report has been made by one or more parties, to make an oral presentation on information related to the complaint of discrimination at a monthly Commission meeting. Information presented must comply with 2.05(I).
(2) The Commission may impose time limits:
a) The standard time for each party's oral presentation shall be 10 minutes, exclusive of time spent responding directly and succinctly to questions from the Commission (extended argument after a question has been answered will be considered part of the party's presentation time). That time may be shortened in order to ensure that all cases receive a sufficient allotment of time, based on the length of that meeting's agenda.
b) Absent special circumstances, as determined by the Executive Director, when a case involves multiple Complainants or multiple Respondents (and when related or companion cases involve substantially similar issues and/or parties), the 10-minute time-limit will apply to the Complainants and/or Respondents collectively, and the individual parties shall allot the time amongst themselves.
c) If a party does not use their entire time allotment in their initial presentation, they may use the remaining time to rebut the opposing party's presentation. Each party shall be allowed one presentation, and one rebuttal period. Any time remaining shall be forfeited.
d) These time limits and procedures are subject to the discretion of the Commission, which may extend time or allow further rebuttal if the Commission deems it necessary to their understanding of the case.
(3) A party who did not make a written submission may make a presentation at the Commission meeting to rebut the opposing party's presentation.
(4) If the party/parties who disagree with the Investigator's Report does not attend the meeting, despite having provided a written submission, the party/parties agreeing with the Report shall be heard only upon request of the Commission.
(5) If a party wishes to request a reasonable accommodation (for example, a request for an interpreter for an individual for whom English is not their primary language) to participate at a Commission meeting, the party should make the request to the Executive Director at least five business days prior to the meeting. The request should provide information sufficient to allow the Executive Director and/or Commission Counsel to evaluate the request, such as the reason for the request (i.e. disability, language barrier), the accommodation requested (i.e., captioning, in-person interpreter versus remote interpreting, dialect needed, visual alerts, extended presentation time), and (where not obvious) the connection between the protected class and the requested accommodation. When it cannot provide the specific accommodation requested, the Commission may offer alternative reasonable accommodations tailored to meet the individual's need. If the requested accommodation (or a reasonable and effective alternative) cannot be arranged prior to the meeting, the case may be tabled in order to allow sufficient time to identify and provide a reasonable accommodation.
(6) If a party intends to use any visual/illustrative aid in their presentation to the Commission, that aid must be provided to the other party and to the Executive Director at least five business days prior to the meeting so that it may be reviewed. Any visual/illustrative aid must comply with Rule 2.05(I).
(7) An oral presentation to the Commission may be made only by a party to the complaint or by their legal representative. If a party wishes to be represented by an individual other than their legal representative, they must make a request to the Executive Director at least five business days before the scheduled presentation. The Executive Director shall have discretion over all such requests. In no case shall a witness in the case be allowed to participate in an oral presentation. Non-parties shall be referred to by pseudonyms only.
B. Meeting Protocols
(1) Inappropriate behavior, which may include but is not limited to name-calling or yelling, or the failure to abide by the Commission's rules, rulings, or instructions by the Commission, the Executive Director, or Commission Counsel, may result in the responsible party's presentation being summarily curtailed.
(2) If the Commission has imposed safety protocols regarding meeting attendance or participation, any person seeking to participate in the meeting who refuses to comply with or violates those procedures may be summarily excluded from the meeting by the Commission or the Executive Director or their designee.
(3) The Commission may allow for remote participation in its public proceedings pursuant to policies it establishes.

94-348 C.M.R. ch. 2, § 06