Proceedings on Commission Initiated Complaints

(1) General Provisions. (a) All complaints initiated by the Commission pursuant to M.G.L. c. 151B, § 5 and 804 CMR 1.04(1)(e) shall be processed under 804 CMR 1.18, unless otherwise ordered by the Commission. (b) Such matters shall be investigated, heard and determined by the Commission as expeditiously as possible. (c) Upon a Commission initiated complaint, the procedures of 804 CMR 1.00 shall be suspended, with the exception of proceedings pursuant to 804 CMR 1.23, 1.24 and 1.25. (d) The Commission may make the complaint and the terms of any settlement agreement publicly available at any time. (2) Service and Investigation. (a) The Commission shall serve a Commission initiated complaint on each of the respondents via personal service. Such service shall include a notice requiring each respondent to file a position statement as described in 804 CMR 1.05(8) within 21 days of service. (b) The Commission may serve subpoenas via personal service as it deems necessary to investigate the matter. (c) The Commission shall, within 45 calendar days of service of the Commission initiated complaint, convene an investigative conference, as described in 804 CMR 1.05(10), except that the Commission may provide less than 14 days' notice of the conference. Notice of the date, time, and place of the conference shall be served upon the respondents. The investigative conference shall result in one of the following outcomes: 1. The Commission may determine that a lack of probable cause exists for crediting the allegations of the complaint, and shall notify the parties of such determination. Such determination shall be the final order of the Commission, and is not subject to preliminary appeal pursuant to 804 CMR 1.08(4)(b) or Full Commission or judicial review pursuant to M.G.L. c. 151B, § 6 or M.G.L. c. 30A. 2. The Commission may determine that probable cause exists for crediting the allegations of the complaint, in which case the Commission shall immediately endeavor to eliminate the unlawful practice complained of by conference, conciliation and persuasion. If the Commission finds probable cause to credit the allegations of any housing complaint, the Commission shall immediately serve notice upon the respondent of the right to elect judicial determination of the complaint pursuant to M.G.L. c. 151B, § 5. 804 CMR - 18.11 (3) Certification to Public Hearing. (a) The Commission may certify the claims for public hearing if the matter is not settled through conciliation. In any matter certified for public hearing the Commission may seek all remedies available pursuant to M.G.L. c. 151B. (b) The Commission shall serve a written notice requiring respondent to answer the certified claims at a public hearing before the Commission, at a time and place to be specified in the notice. Requests to continue shall be granted only upon a showing of good cause. (4) Public Hearing. (a) The public hearing should, if at all practicable, occur within 60 days of the investigative conference described in 804 CMR 1.18(2)(c). (b) The case in support of the certified claims shall be presented before the Commission by counsel for the Commission. (c) The respondent shall appear at the public hearing in person, with or without an attorney, and may submit evidence to rebut the certified claims. (5) Public Hearing Decision. The Commission should, if at all practicable, issue a final order and decision within 60 days from the conclusion of a public hearing pursuant to 804 CMR 1.18(4).