Code of Massachusetts Regulations
804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION
Title 804 CMR 1.00 - Rules of Procedure
Section 1.23 - Full Commission Review
Current through Register 1531, September 27, 2024
(1) Review of Decision of a Hearing Commissioner.
(2) Intervention in the Review.
(3) Form of Petition for Review and Intervener's Brief. Except by permission of the Commission, a petition for review and any intervener's brief shall not exceed 30 pages. The text shall be double spaced, and typeface shall be 12-point or larger size and not exceed 10.5 characters per inch. The margins shall be at least one inch.
(4) Citation of Supplemental Authorities. When pertinent and significant authorities come to the attention of a party after the petition for review or intervener's brief has been filed, a party may promptly advise the Commission, by letter, with a copy to all parties, setting forth the citations.
(5) Stay of Order. The filing of a petition for review of the decision of the Hearing Commissioner shall operate as a stay of execution of the Order of the Hearing Commissioner, unless ordered otherwise by the Commission.
(6) Full Commission Members. The Investigating Commissioner shall not participate in the deliberations of the Commission except when necessary to create a quorum of the Commission or resolve a split decision. The Hearing Commissioner shall participate in the review of their decision unless such participation is impracticable.
(7) Oral Argument. The Commission may, in its discretion, order oral argument on a petition for review.
(8) Record of Review. The petition for review shall be confined to the record presented at the public hearing.
(9) Additional Evidence. If application is made to the Commission for leave to present additional evidence, and it is shown to the satisfaction of the Commission that the additional evidence is material to the issues in the case, and that there was good reason for failure to present it in the proceeding before the Hearing Commissioner, the Commission may order that the additional evidence be taken before the Hearing Commissioner upon such conditions as the Commission deems proper.
(10) Full Commission Decision. After review of the decision of the Hearing Commissioner, the Commission may affirm the decision, or remand the matter for further proceedings before the Hearing Commissioner; or set aside or modify the decision, if it determines that the substantial rights of any party may have been prejudiced because the decision is:
(11) Commission Initiated Review of Hearing Decisions. The Full Commission may review the final decision of a Hearing Commissioner sua sponte. In addition, the Investigating Commissioner, may request the Full Commission to review a hearing decision. In such event, the Commission may order oral argument, or order the parties to submit memoranda of law or fact.
(12) Request for Award of Attorneys' Fees and Costs after Issuance of Full Commission Decision. Where the complainant prevails in an appeal to the Full Commission, the complainant may, within 15 days of receipt of the Full Commission decision issued pursuant to 804 CMR 1.23(10) or (11), petition for an award of reasonable attorneys' fees and costs subject to the following provisions: