Section 515-RICR-10-00-2.7 - Right to SueA. General Right to Sue. A complainant may ask for a right to sue in state court provided that: 1. not less than one hundred and twenty (120) days and not more than two (2) years have elapsed from the date of filing of a charge;2. the Commission has been unable to secure a settlement agreement or conciliation agreement; and3. the Commission has not commenced hearing on a complaint.B. Issuance of General Right to Sue. The Commission shall issue the right to sue within thirty (30) days after the receipt of such request, which shall terminate all proceedings before the Commission and shall give to the complainant the right to commence suit in the Superior Court as provided in R.I. Gen. Laws § 28-5-28 within ninety 90 days after the issuance of the request.C. Probable Cause Right to Sue. Excluding housing and credit case, any party may elect within twenty (20) days after receipt of a finding of probable cause, to terminate by written notice to the Commission and all parties, all proceedings before the Commission and have the case heard in the Superior Court. If at least one (1) of multiple respondents timely elects, the Commission shall issue a right to sue notice in respect to the entire action. In the event of an election to terminate the proceedings, the Commission shall issue a right to sue notice to the complainant with a copy of such notice sent to all parties. Once a notice of right to sue is issued, the complainant shall have the right to commence suit in the Superior Court within ninety (90) days of the date of the right to sue notice.D. Conciliation After Issuance of a Right to Sue. Notwithstanding the issuance of a right to sue notice to the complainant under this Part, the parties may agree to have the Commission conciliate or mediate settlement of the case.515 R.I. Code R. 515-RICR-10-00-2.7
Adopted effective 1/8/2019