Section 515-RICR-10-00-1.2 - DefinitionsA. Definitions. When used in this Part, and hereafter in this Chapter, except as otherwise indicated, the following definitions shall apply: 1. "Adjudicatory proceedings" means any proceeding conducted by the Commission, following a finding of probable cause, which may result in an award of damages or other affirmative relief.2. "Administrative Procedures Act" refers to R.I. Gen. Laws § 42-35-1, et seq.3. "Chairperson" means the Chairperson of the Commission duly designated by the Governor of the State of Rhode Island, pursuant to R.I. Gen. Laws § 28-5-8.4. "Charge" means a written statement made under oath alleging that any person has engaged in or is engaging in unlawful discriminatory practices that has been filed pursuant to § 2.4 of this Subchapter.5. "Commission" means the Rhode Island Commission for Human Rights.6. "Commission attorney" means the legal counsel or attorney duly appointed to represent the Commission.7. "Commissioner" means any member of the Commission duly appointed by the Governor of the State of Rhode Island, pursuant to R.I. Gen. Laws § 28-5-8.8. "Complainant" means an aggrieved individual(s) who, or an organization chartered for the purpose of combating discrimination, racism, or of safeguarding civil liberties, or of promoting full, free or equal employment opportunities which, files a charge with the Commission, or the Commission member(s) or staff member(s) who files a charge on behalf of the Commission.9. "Complaint" means a formal complaint issued by the Commission pursuant to § 2.9 of this Subchapter.10. "Conciliation" means a process to achieve a just resolution which assures that any unlawful discriminatory practice of respondent will be eliminated by requiring appropriate affirmative or other action.11. "Declaratory order" means an Order issued by the Commission that:a. interprets or applies a statute administered by the Commission;b. clarifies whether a Regulation, guidance document or Order issued by the Commission applies to a petitioner; or c. clarifies how a Regulation, guidance document or Order issued by the Commission applies to a petitioner.12. "Director" means the duly appointed Executive Director of the Commission.13. "Discriminate" means, but is not limited to: segregate, separate or accord different treatment, or refuse reasonable accommodation when required by law.14. "Fair Employment Practices Act" refers to R.I. Gen. Laws § 28-5-1, et seq.15. "Fair Housing Practices Act" refers to R.I. Gen. Laws § 34-37-1, et seq.16. "Hearing officer" means any person designated by the Commission to conduct a hearing.17. "Housing accommodation" means any building or structure, or portion thereof, or any parcel of land, developed or undeveloped, which is occupied, or is intended, designed or arranged to be occupied, or to be developed for occupancy, as the home or residence of one or more persons.18. "Owner", when used in Part 3 of this Subchapter, means one or more individuals, partnerships, associations, organizations, corporations, labor organizations, mutual companies, joint-stock companies, trusts, receivers, legal representatives, trustees, other fiduciaries, or real estate brokers or real estate salespersons having the right to sell, rent, lease, or manage a housing accommodation, including, but not limited to, property owners, property managers, real estate brokers and agents and state and municipal governments.19. "Party" or "Parties" means the complainant or complainants, the respondent or respondents and other persons joined in the matter.20. "Petition" means a request for an award of reasonable litigation expenses, a Declaratory Order or the promulgation of a Regulation.21. "Petitioner" means a person requesting a Declaratory Order or the promulgation of a Regulation.22. "Predetermination settlement" means any settlement occurring prior to a ruling by the Preliminary Investigating Commissioner.23. "Protected class" means a group of persons afforded protection under Rhode Island anti-discrimination laws because of their membership in that statutorily-defined group.24. "Reasonable litigation expenses", when used in § 2.18 of this Subchapter, means those expenses which were reasonably incurred by a respondent in adjudicatory proceedings, including, but not limited to, attorney's fees, witness fees of all necessary witnesses, and other such costs and expenses as were reasonably incurred.25. "Respondent" means a person or entity against whom a charge has been filed, or against whom a complaint has been issued.26. "Rule" or "Regulation" means the whole or a part of an agency statement of general applicability that implements, interprets or prescribes law or policy or the organization, procedure or practice of an agency and has the force of law. The term includes the amendment or repeal of an existing Regulation. The term does not include the exceptions listed in the Rhode Island Administrative Procedures Act.27. "Substantial justification" means that the initial position of the Commission, as well as the Commission's position in the proceedings, has a reasonable basis in law and fact. The fact that the respondent prevailed after the final hearing on the merits does not create a presumption that the Commission's position was not substantially justified.28. "Unlawful discriminatory practice" means any act or acts prohibited by Rhode Island anti-discrimination laws, including the continuing present effects of past unlawful discriminatory practices.515 R.I. Code R. 515-RICR-10-00-1.2
Adopted effective 1/8/2019