Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule sets out the procedures and
criteria for certification of local commissions by the Missouri Commission on
Human Rights.
(1) Only those
local commissions certified as substantially equivalent by the Missouri
Commission on Human Rights shall have the power and authority to hear contested
cases alleging violations of Chapter 213, RSMo which are alleged to have been
committed within the city, town, village or county which created the local
commission.
(A) A local commission shall be
certified as substantially equivalent if the ordinance establishing the local
commission provides similar protections of the procedural rights of parties
appearing before the local commission as are provided by Chapter 213, RSMo and
corresponding rules. Factors to be considered by the commission in determining
substantial equivalence may include, but are not limited to, the following:
1. Contracting status with Equal Employment
Opportunity Commission;
2.
Contracting status with the federal Department of Housing and Urban
Development;
3. Substantive
rights;
4. Procedural rights;
and
5. Powers and duties.
(B) Proceedings before the local
commission shall be consistent with the requirements of section
213.075,
RSMo. The order of a local commission in a contested case shall not be final
for appeal purposes until it has been filed with and reviewed by a hearing
examiner of the commission. Within ninety (90) days of receipt of the local
commission's complete hearing record, the commission hearing examiner shall
issue an opinion. For appeal purposes, the order of the local commission shall
become final thirty (30) days from the date of issuance of the hearing
examiner's opinion. If no opinion is issued by the hearing examiner within
ninety (90) days, the local commission's decision shall be considered final for
purposes of appeal.
*Original authority: 213.020, RSMo 1959, amended 1986,
1992; 213.030, RSMo 1959, amended 1978, 1986, 1992; 213.075, RSMo 1986, amended
1992; and 213.131, RSMo 1992; and 213.135, RSMo
1992.
