515 R.I. Code R. 515-RICR-10-00-2.16

Current through December 3, 2024

Section 515-RICR-10-00-2.16 - Decisions and Orders

A. Content. Any Decision and Order of the Commission issued after a hearing shall contain findings of fact, conclusions of law, and a ruling on each proposed finding of fact submitted by a party.

B. Issuance of Decisions and Orders. Unless specifically provided otherwise in this Part, the following procedures shall apply to all Decisions and Orders issued by the Commission:

1. At least three (3) Commissioners must participate in the decision on a case. A majority of the Commissioners must agree on the Decision and Order.

2. If the Commission determines that the respondent has engaged in, or is engaging in, any unlawful discriminatory practice, the Commission shall serve on such respondent a Decision and Order containing findings of fact and conclusions of law, and requiring such respondent to cease and desist from such unlawful discriminatory practice and to take such further affirmative action as will effectuate the purposes of the Rhode Island antidiscrimination laws, including, but not limited to:

a. hiring, reinstatement, or upgrading of employees with or without back pay;

b. admission or restoration to union membership or to training practices with utilization of objective criteria for admission;

c. admission to place of public accommodation;

d. sale or lease of housing accommodations and lending of money upon equal terms and conditions, and,

e. a requirement for reports of the manner of compliance, payment of complainant's attorney's fees, expert fees, other litigation expenses and compensatory damages.

3. With respect to charges filed under the Fair Housing Practices Act, upon a determination that a respondent has engaged in, or is engaging in, any unlawful discriminatory practice, the Commission may also order the respondent to pay a civil penalty as provided by law and may also order the respondent to pay the complainant damages sustained by the unlawful discriminatory practice.

4. In case a respondent is operating by virtue of any license or permit issued by the state or agency thereof, if the Commission determines after hearing that the respondent has engaged in or is engaging in any unlawful discriminatory practice, the Commission shall send a copy of its Decision and Order to the licensing or contracting authority.

5. At any time in its discretion, the Commission may investigate whether the terms of the Decision and Order are being complied with. Upon a determination that the terms of the Decision and Order are not being complied with, the Commission may take appropriate action to assure compliance including, but not limited to, petitioning the Superior Court of Rhode Island for its enforcement.

6. The Commission with the consent of the respondent may enter a consent Order at any time after service of a complaint. Such consent Orders shall include an express provision that respondent intends to be legally bound thereby. Consent orders shall have the same force and effect as a Decision and Order of the Commission entered after hearing. Such consent Orders shall waive public hearing and may or may not make findings of fact or conclusions of law.

C. Dismissal. If the Commission finds that the respondent has not engaged in any unlawful discriminatory practices against the complainant or others, it shall mail the Decision and Order dismissing the complaint to the complainant, respondent and the Attorney General.

D. Service of Orders. Copies of Decisions and Orders shall be served on all parties, and, where appropriate, the Attorney General and the state licensing or contracting authority.

E. Filing of Orders. All Decisions and Orders issued by the Commission after a hearing shall be filed in the office of the Commission and shall be open to public inspection during regular office hours of the Commission.

515 R.I. Code R. 515-RICR-10-00-2.16

Adopted effective 1/8/2019