Investigative Default Procedure

(1) Notice of Consequences for Failure to Answer or Participate. If a respondent fails to answer a complaint or otherwise fails to participate in the investigation, the Commission mayserve upon respondent a notice of consequences. The notice of consequences shall list available sanctions for failing to answer or participate, which include, but are not limited to: (a) The issuance of a probable cause determination in accordance with the allegations of the complaint; and (b) A waiver of respondent's right to pursue reconsideration of the probable cause determination pursuant to 804 CMR 1.08(4)(a). (2) Response to Notice of Consequences. The respondent shall file a position statement with the Commission within ten days of receipt of the notice of consequences or take any other action required by the notice of consequences to avoid an order and entry of default imposing sanctions pursuant to 804 CMR 1.07(3). (3) Order and Entry of Investigative Default. (a) If respondent fails to respond to the notice of consequences as required by 804 CMR 1.07(2), the Commission may issue an order and entry of investigative default, imposing one or more of the sanctions available under 804 CMR 1.07(1) and 804 CMR 1.22. (b) After the imposition of sanctions, the Commission may take the following additional actions: 1. Order that a matter be processed pursuant to 804 CMR 1.19; 2. Seek relief in the Superior Court for a violation of M.G.L. c. 151B, § 8, pursuant to M.G.L. c. 214, § 3(12) or (13); and 3. Any other relief against the defaulting party or its representative as is necessary and appropriate to enforce the provisions of M.G.L. c. 151B, § 5. (4) Removal of Default. Within 14 days of the order and entry of investigative default, the respondent may petition the Commission for the removal of investigative default, for good cause shown. The respondent's assertion of good cause shall be in affidavit form and shall include all information sought by the Commission, including a position statement if required by the notice of consequences.