Section 348-2-07 - COMMISSION DECISION UNDER NON-EMERGENCY PROCEDUREAfter considering the Investigator's Report, the parties' submissions, if any, and other relevant related information that was timely provided, the Commission will make a determination of whether or not reasonable grounds exist to believe that unlawful discrimination has occurred. The Commission shall issue a statement of finding in support of its determination.
A.No reasonable grounds. If the Commission finds no reasonable grounds to believe that unlawful discrimination has occurred, it will dismiss the complaint. The Commission will promptly notify the parties of the dismissal and provide them a copy of its statement of finding.C.Reasonable grounds. If the Commission finds reasonable grounds to believe that unlawful discrimination has occurred, it will so notify the parties of its determination and provide them a copy of its statement of finding. The Commission's Executive Director or their designee will then endeavor to resolve the matter by informal means such as conference, conciliation, or persuasion.D.Tie votes. If the Commission vote results in a tie vote, the recommendation(s) made in the Investigator's Report shall be adopted by the Commission as their finding(s).E.New investigation. If, subsequent to a finding, the Commission determines that new or newly-discovered facts or factual errors exist, or material misrepresentations have been discovered that, if true, would likely change the finding of the Commission, it may order a new investigation of the matter. The following applies to requests for a new investigation:(1) A request for a new investigation must be based on new or newly-discovered facts, factual errors, or material misrepresentations. a. "New or newly-discovered facts or factual errors" are those that were not known and could not reasonably have been known to the party making the request during the course of the investigation. If the facts or factual errors were known to the party, or reasonably could have been known, and were not provided to the investigator, they cannot be used to justify a request for a new investigation.b. "Material misrepresentations" are intentional misrepresentations of facts upon which the Investigator relied when deciding whether a party had established the elements of a claim or defense.(2) A request for a new investigation may only be made by a party to the complaint or their counsel, or by a member of the Commission's staff. The request shall be made initially to the Commission's Executive Director, who will consult with Commission Counsel as necessary to determine whether the request is based on new or newly-discovered facts or factual errors, or on material misrepresentations. The request must be made within 30 days of the Commission's finding.(3) If the Executive Director or their designee determines that the request for a new investigation is not based on new or newly-discovered facts or factual errors or material misrepresentations, they will notify the parties that the request for a new investigation has been denied. If they determine that the request is based on new or newly-discovered facts or factual errors or material misrepresentation, they shall allow the parties the opportunity to submit written argument (simultaneous briefing, no replies accepted). The request for a new investigation will then be presented to the Commission. No oral presentation by the parties will be allowed except upon request of the Commission.(4) The Commission will determine whether to order a new investigation after considering the new evidence (or a description thereof) and the written submissions from the parties, if any. The Commission will promptly notify the parties of its decision.94-348 C.M.R. ch. 2, § 07