Code of Massachusetts Regulations
804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION
Title 804 CMR 1.00 - Rules of Procedure
Section 1.02 - Definitions

As used in 804 CMR 1.00:

Commission means the Massachusetts Commission Against Discrimination.

Commissioner means one of three members of the Commission appointed by the Governor of the Commonwealth of Massachusetts in accordance with M.G.L. c. 6, § 56, which includes a Chairperson of the Commission.

Complainant means any person who files a verified complaint with the Commission.

Complaint means the allegations of unlawful discrimination filed with the Commission and includes HUD housing complaints, absent a special rule or exception.

Document means any paper document or electronically stored information, including writings, drawings, graphs, charts, photographs, sound recordings, images and other data or data compilations, stored in any medium from which information can be obtained either directly or, if necessary, after translation into a reasonably usable form.

Duly Authorized Representative means any person authorized by a party to communicate on their behalf with the Commission, including an attorney in good standing, who has filed a notice of appearance in a matter before the Commission.

Ex Parte means without notice to or argument from the adverse party.

Full Commission means at least two but sometimes three Commissioners.

Hearing Commissioner means the Commissioner designated by the Chairperson of the Commission to adjudicate complaints of discrimination, or their designee, including a person found to be qualified by the Commission as a Hearing Officer or the Full Commission.

HUD Housing Complaint means any complaint alleging discrimination in housing under M.G.L. c. 151B which is dual filed with the U.S. Department of Housing and Urban Development.

Investigating Commissioner means the Commissioner designated by the Chairperson of the Commission to investigate a complaint of discrimination, or their designee.

Investigative Disposition means the official document issued by the Commission upon conclusion of the investigation containing the determination of the Investigating Commissioner.

Moving Party means the party who files a written motion with the Commission, or moves for relief verbally at public hearing.

Order means a direction or decision of the Commission.

Party means the complainant, respondent and any person permitted to intervene in a Commission proceeding; after a complaint is certified to public hearing, the Commission also becomes a party to the proceeding.

Person means any natural person, corporation, trust, partnership, incorporated or unincorporated association, limited liability company, and any other legal entity.

Personal Service means actual delivery of the notice or process to the person to whom it is directed, which in the case of a natural person means, either by delivery in hand or by leaving copies at the last and usual place of abode of such person, and in the case of a legal entity, means delivering notice or process in hand to an officer, managing or general agent or person in charge of the business at the principal place of business.

Post-determination means the period of time beginning with the issuance of an investigative disposition.

Pre-determination means the period of time between the filing of a complaint and the issuance of an investigative disposition.

Preliminary Hearing means an informal appeal hearing held at the Commission upon written request of a complainant or their attorney within ten days of service of an adverse investigative disposition.

Probable Cause means there is sufficient evidence upon which a fact-finder could form a reasonable belief that it is more probable than not that a respondent committed an unlawful practice.

Pro Hac Vice means admission of an attorney to practice at the Commission for a particular case only.

Pro Se means a person appearing on their own behalf who is not represented by an attorney.

Pseudonym means a fictitious name used to conceal the identity of a complainant.

Public Hearing means the adjudicatory hearing held at the Commission pursuant to M.G.L. c. 151B, § 5 in which the respondent answers the charges of the complaint certified to hearing by the Investigating Commissioner.

Respondent means the person, business, employer, labor organization, employment agency, housing provider, real estate broker or agent, lender, appraiser or any other person or entity alleged to have committed unlawful discrimination in a complaint filed with the Commission.

Sua Sponte means an action taken by the Commission of its own accord which does not require prompting or suggestion by a party.

Subpoena Duces Tecum means an order commanding the production of evidence including specified books, documents, or records; such command may be included in a subpoena commanding testimony or it may be issued independent of or in lieu of testimony.