Code of Maine Rules
94 - INDEPENDENT AGENCIES
348 - MAINE HUMAN RIGHTS COMMISSION
Chapter 2 - PROCEDURAL RULE
Section 348-2-09 - POST-DETERMINATION CONCILIATION

A. Conference, conciliation and persuasion

In conciliating a matter in which a determination of reasonable grounds has been made pursuant to the non-emergency procedure of section 2.07(B) of these regulations, the Commission shall attempt to achieve a just resolution and to obtain assurances that the respondent will eliminate the unlawful discrimination and take any appropriate corrective action. Disposition of a matter pursuant to this section shall be in the form of a written agreement and approved by a majority of the Commission, and notice thereof shall be sent to the parties. Upon ascertainment by the Commission's Executive Director or their designee that the terms of the signed agreement have been met, the proceeding shall be dismissed. In order to facilitate the ascertainment that the terms of settlement have been met, the parties shall provide the terms of any agreement between them to the Executive Director or their designee upon request. Any information provided to the Executive Director for this purpose shall remain confidential, except that settlement information may be reported to the Commission, the EEOC, or HUD.

The Commission specifically delegates to its Executive Director and its Commission Counsel the authority to execute conciliation agreements in the name of the Commission once a majority of the Commission has approved the agreement.

B. Refusal of respondent to cooperate

If a respondent fails or refuses to confer with the Commission or its representatives, or fails or refuses to make a good faith effort to resolve any dispute, the Commission may terminate its efforts to conciliate the dispute. In such event, the parties shall be notified promptly, in writing, that such efforts have been unsuccessful.

C. Refusal of complainant to agree

If a complainant fails or refuses to agree to the terms of a conciliation agreement or settlement that the Commission believes represents a just resolution of the complaint of discrimination, the Commission may execute a conciliation agreement with the respondent limited to assurances that the respondent will eliminate such unlawful discrimination and take any appropriate corrective action. The proceeding shall be dismissed upon ascertainment by the Commission's Executive Director or their designee that the terms of the signed agreement have been met. Where the complainant is not a party to such a conciliation agreement, the execution of the agreement by the Commission and the respondent shall not extinguish or in any way prejudice the complainant's right to pursue any and all appropriate individual remedies. This subsection shall not apply to complaints investigated pursuant to an agreement between the Commission and the United States Secretary of Housing and Urban Development that requires the Commission to file a civil action for the use of the complainant.

D. Confidentiality of conciliation efforts

Everything said or done during and as part of the Commission's informal endeavors to eliminate unlawful discrimination by conference, conciliation and persuasion is confidential and may not be disclosed without the written consent of the parties concerned or used as evidence in any subsequent proceeding, civil or criminal, except in a civil action alleging a breach of the agreement filed by the Commission or a party. Notwithstanding this provision, the Commission and its employees have discretion to disclose such information to a party as is reasonably necessary to facilitate conciliation. Post-finding conciliation agreements to which the Commission is a signatory are public records.