The Massachusetts Commission Against Discrimination (the “Commission”) announced plans to amend its Procedural Regulations at 804 CMR 1.00 et seq. for the first time since 1999.
The Commission is offering the public an opportunity to review and comment on the draft regulations before the formal comment and public hearing period begins later this year. The draft amended regulations can be accessed here.
In a press release, the Commission described, “[a]n overriding goal of this process was to develop procedural regulations which accurately reflect the agency’s practices and procedures and which are intended to be more easily comprehended by parties and practitioners appearing before the agency.”
Some of the changes reflected in the draft amended regulations include:
- A rebuttal to the position statement is encouraged and is due within 21 days of service of a position statement or the Commission’s request for a rebuttal.
- Parties permitted to conduct pre-determination discovery will be required to file a memorandum with the Commission describing facts relevant to a causal determination within 30 days after the close of the discovery period.
- The timeline for filing motions to reconsider probable cause findings is expanded. A respondent may move for reconsideration of a probable cause determination for good cause at any time prior to the certification conference or within 45 days of certification to public hearing if no certification conference is held.
- The Commission can serve notices by email, in addition to hand and mail delivery.
Comments on the draft regulations can be addressed to MCADProRegs@mass.gov and should include contact information if you are available for the Commission’s follow-up questions regarding the comments.
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