94-348-2 Me. Code R. § 10

Current through 2024-51, December 18, 2024
Section 348-2-10 - PROCEDURE AFTER FAILURE OF CONCILIATION
A. If the Commission's Executive Director or their designee determines that conciliation efforts have failed, they shall so notify the complainant and respondent.
B. When post-determination conciliation efforts have failed, the Commission Counsel or their designee is authorized to file a civil action in the Superior Court seeking appropriate relief, including, but not limited to, temporary restraining orders and preliminary injunctions.
C. When the Commission's Counsel or their designee is unable to file expeditiously such a civil action, the Commission shall so notify the complainant of their right to file a civil action pursuant to 5 M.R.S. §4621, and make available a referral list of attorneys who have indicated an interest in undertaking such litigation. The Commission shall furnish the complainant, the respondent, or their cooperating attorneys, upon request, with access to the investigatory case file. Referral under this subsection does not terminate the Commission's jurisdiction of the proceeding.
D. In complaints investigated pursuant to a Memorandum of Understanding between the Commission and the United States Department of Housing and Urban Development that result in a reasonable grounds determination, Commission Counsel shall file a civil action for the use of complainant if conciliation efforts are unsuccessful.

94-348 C.M.R. ch. 2, § 10