Severability, Compliance and Sanctions

The provisions of 760 CMR 47.00 are severable, and if any of these provisions shall be held illegal by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Any person who has evidence of non-compliance with 760 CMR 47.00 may submit a written complaint to the Undersecretary for appropriate action. (1) If any complaint indicates that: (a) Department action is not warranted; or (b) that further investigation by a civil rights enforcement agency is necessary or appropriate to determine whether a violation has occurred, the Undersecretary shall so inform the complainant in writing. The Department shall also refer the complainant to the Commission, the Office of the Attorney General, or other applicable agency as appropriate. (2) The Undersecretary may notify the Commission or the Office of the Attorney General with a recommendation that appropriate proceedings be brought to enforce any rights of the Commonwealth under any law of the United States or the Commonwealth. (3) The Department may also require the Applicant to develop, implement, or update a fair housing or equal employment opportunity plan in furtherance of the objectives of 760 CMR 47.00. The Undersecretary, in determining compliance with 760 CMR 47.00, shall request the assistance of the Commission or the Office of the Attorney General where appropriate.