Current through November 7, 2024
Section 525-RICR-10-00-4.9 - ConciliationA. Prior to instituting a formal hearing, the Commission shall attempt by informal methods of conference, persuasion and conciliation, to induce compliance with R.I. Gen. Laws Chapter 42-87.B. If the respondent and complainant reach agreement on the steps necessary to resolve the complaint, the agreement shall be reduced to writing in the form of a Conciliation Agreement. The Conciliation Agreement shall set forth all measures to be taken by any party including provisions for affirmative and other actions and compliance reports. The agreement shall contain a statement that implementation of its provisions resolved the particular dispute between the parties but is not a representation by the Commission that the buildings or structures is physically accessible to all persons with disabilities. The agreement shall be signed by respondent, complainant and a representative of the Commission. Copies of the Agreement shall be provided to all parties.C. The conciliation agreement shall include a transition plan for resolving the dispute including: 1. The method(s) of compliance;2. A renovation timetable; and3. Interim steps that the respondent shall undertake to ensure use of the services, activities or benefits of the respondent until the accessibility barriers have been eliminated.D. Compliance Reports. In disposing of a complaint or of its own investigation by means of a conciliation agreement or otherwise, the Commission may require any party to submit to it such compliance reports and allow the Commission to re-inspect the buildings and structures cited in the complaint, as the Commission deems necessary to determine compliance with the terms of conciliation.E. An executed conciliation agreement is a final order of the Commission. Since the Agreement is the result of settlement negotiations, if the Commission determines that there has been a failure to comply with the Agreement, it may, at its discretion, elect to petition the Superior Court for its enforcement, or if less than twelve months have passed since the alleged discriminatory acts, to refer the initial complaint, and any amendments, to the Hearing Board for a full hearing. Nothing stated in a conciliation agreement shall be interpreted as an admission by any party of a violation of any provision of Rhode Island non-discrimination law, unless the party specifically consents to such an admission.F. If the complaint or any portion of the complaint cannot be resolved by these informal methods, the Commission's Hearing Board shall conduct a hearing as provided by R.I. Gen. Laws § 42-87-5(b).525 R.I. Code R. 525-RICR-10-00-4.9