Section 515-RICR-10-00-2.9 - Complaint and Notice of HearingA. Issuance of Complaint. After a determination of probable cause and a failure of conciliation efforts, or, after a determination that the circumstances warrant, in advance of any preliminary investigation or conciliation endeavors, the Commission shall serve upon all parties by certified mail, a written complaint and a notice of hearing. The hearing date shall not be less than ten (10) days after the service of the complaint.B. Content of Complaint. Every complaint shall be written and state the unlawful discriminatory practice allegedly engaged in and the date of its occurrence in a manner sufficiently precise to identify the parties, to describe generally the action or practices complained of, and to comply with the Rhode Island Superior Court Rules of Civil Procedure. The complaint shall be signed by a Commissioner or the Director.C. Contents of Notice of Hearing. The notice of hearing shall state the time and place of hearing, and the name and telephone number of the Commission attorney, if any.D. Time of Issuance. The Commission shall issue a complaint within the time provided by the applicable laws.E. Amendment of Complaint. Any complaint may be amended by the Commission provided that the respondent has had an opportunity to object and be heard on the amendment. A copy of any amended complaint shall be served on all parties. When issues not raised by the pleadings are tried by express or implied consent by the parties, they shall be treated in all respects as if they had been raised in the pleadings. If evidence is objected to at the hearing on the ground that it is not within the issues raised by the pleadings, the hearing officer may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the actions will be promoted thereby and the objecting party fails to satisfy the hearing officer that the admission of such evidence would prejudice the objecting party in maintaining that party's action or defense upon the merits.F. Joinder of Parties. Any person charged with unlawful discriminatory practices arising out of the same transaction, occurrence or series of transactions or occurrences may be joined as a respondent in the same complaint. A person shall, whenever possible, be joined as a party in the complaint when:1. in their absence complete relief cannot be accorded among those already parties; or,2. they claim an interest relating to the subject of the complaint and are so situated that the disposition of the complaint in their absence may: a. as a practical matter impair or impede their ability to protect that interest; or,b. leave any of the persons already parties subject to a substantial risk of incurring multiple, or otherwise inconsistent obligations by reason of their claimed interest. If such a person cannot be made a party, the Commission shall decide whether the action should proceed or be dismissed.G. Consolidation of Complaints. After providing the parties an opportunity to object, the Commission may, within its discretion, join one or more complaints into a single proceeding.515 R.I. Code R. 515-RICR-10-00-2.9
Adopted effective 1/8/2019