Code of Massachusetts Regulations
804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION
Title 804 CMR 1.00 - Rules of Procedure
Section 1.25 - Judicial Enforcement
Current through Register 1531, September 27, 2024
(1) Definition of Final Commission Order. Where no party files a timely appeal to the Full Commission, the hearing decision shall constitute the final order of the Commission for the purposes of judicial enforcement. If an appeal to the Full Commission is timely filed, or the decision is reviewed sua sponte, the Full Commission decision shall constitute the final order of the Commission for purposes of judicial enforcement. Consent orders entered into by the Commission may constitute final orders of the Commission for the purposes of judicial enforcement.
(2) Who May Obtain Judicial Enforcement of a Final Commission Order. A party to a consent order or a person affected by a final decision and order of the Commission may request that the Commission initiate an action for enforcement. The Commission may obtain enforcement by filing a petition in the appropriate state court pursuant to M.G.L. c. 151B, § 6. The Commission may appear in court at enforcement proceedings through one of its attorneys, or it may designate counsel for the party aggrieved by the alleged violation as agent of the Commission for the purpose of obtaining enforcement, in writing.
(3) Method of Enforcement. The Commission may seek to enforce the provisions of M.G.L. c. 151B, M..G.L. c. 151C, or M.G.L. c. 272, §§ 92A, 98, or 98A, or any other statutes under the jurisdiction of the Commission, or 804 CMR 1.00 by utilization of the procedures set forth in M.G.L. c. 151B, §§ 5, 8, M.G.L. c. 214, § 3(12) or (13) or any other lawful means as the interests of justice demand.