Code of Maine Rules
05 - DEPARTMENT OF EDUCATION
071 - EDUCATION - GENERAL
Chapter 4-A - PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY
Section 071-4-A-11 - PROCEDURE AFTER FAILURE OF CONCILIATION

Current through 2023-52, December 27, 2023

A. Failed Conciliation

If the Commission's Compliance Officer or her/his designee determines that conciliation efforts have failed, she/he shall so notify the complainant and respondent.

B. Legal Action

When post-determination conciliation efforts have failed, the Commission Counsel or her/his designee is authorized to file a civil action in the Superior Court seeking appropriate relief, including, but not limited to, temporary restraining orders and preliminary injunctions.

C. Referral to Complainant

When the Commission Counsel or her/his designee is unable to file expeditiously such a civil action, the Commission shall so notify the complainant of her/his right to file a civil action pursuant to 5 M.R.S.A. §4621, and make available a referral list of attorneys who have indicated an interest in undertaking such litigation. The Commission shall furnish any attorney who is retained by the complainant, upon request, with access to the investigatory case file and will provide such assistance as is reasonably possible under the existing circumstances. Referral under this subsection does not terminate the Commission's jurisdiction of the proceeding.

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