Code of Massachusetts Regulations
804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION
Title 804 CMR 1.00 - Rules of Procedure
Section 1.07 - Investigative Default Procedure
Current through Register 1531, September 27, 2024
(1) Notice of Consequences for Failure to Answer or Participate. If a respondent fails to answer a verified complaint or otherwise fails to participate in the investigation, the Investigating Commissioner may serve upon respondent a notice of consequences. The notice of consequences shall list available sanctions for failing to answer or participate, which include, but are not limited to:
(2) Response to Notice of Consequences. The respondent shall file a position statement with the Commission within ten days of receipt of the notice of consequences to avoid an order and entry of default imposing sanctions pursuant to 804 CMR 1.07(3).
(3) Order and Entry of Investigative Default.
(4) Removal of Default. Within 14 days of the order and entry of investigative default, the respondent may petition the Investigating Commissioner for the removal of investigative default, for good cause shown. The respondent's assertion of good cause shall be in affidavit form and shall include all information sought by the Commission. The respondent shall include a position statement in the petition to remove default.