Section 1.18 - 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.(2)Service and Investigation.(a) The Commission shall serve a Commission initiated complaint on each of the parties 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 30 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 parties. The investigative conference shall result in one of the following outcomes:1. The Investigating Commissioner 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 Investigating Commissioner, and is not subject to preliminary hearing 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 Investigating Commissioner may determine that probable cause exists for crediting the allegations of the complaint, in which case the Investigating Commissioner shall immediately endeavor to eliminate the unlawful practice complained of by conference, conciliation and persuasion. If the Investigating Commissioner finds probable cause to credit the allegations of any housing complaint, including those dual filed with HUD, the Investigating Commissioner 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.
(3)Certification to Public Hearing.(a) The Investigating Commissioner may certify the issues 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 Investigating Commissioner shall serve a written notice requiring respondent to answer the charges of the complaint 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 complaint shall be presented before the Commission by the Investigating Commissioner.(c) The respondent shall appear at the public hearing in person, with or without an attorney, and may submit evidence to rebut the charges in the complaint.(d) Public hearings shall be heard by a Hearing Commissioner, who shall not be the Commissioner who previously investigated the matter and issued the complaint.(5)Hearing Decision. The Commission, should, if at all practicable, issue a final order within 60 days from the conclusion of a public hearing pursuant to 804 CMR 1.18(4).Amended by Mass Register Issue 1409, eff. 1/24/2019.Amended by Mass Register Issue 1424, eff. 1/24/2020.