A. Content. Any
Decision and Order of the Commission issued after a hearing shall contain
findings of fact, conclusions of law, and a ruling on each proposed finding of
fact submitted by a party.
B.
Issuance of Decisions and Orders. Unless specifically provided otherwise in
this Part, the following procedures shall apply to all Decisions and Orders
issued by the Commission:
1. At least three
(3) Commissioners must participate in the decision on a case. A majority of the
Commissioners must agree on the Decision and Order.
2. If the Commission determines that the
respondent has engaged in, or is engaging in, any unlawful discriminatory
practice, the Commission shall serve on such respondent a Decision and Order
containing findings of fact and conclusions of law, and requiring such
respondent to cease and desist from such unlawful discriminatory practice and
to take such further affirmative action as will effectuate the purposes of the
Rhode Island antidiscrimination laws, including, but not limited to:
a. hiring, reinstatement, or upgrading of
employees with or without back pay;
b. admission or restoration to union
membership or to training practices with utilization of objective criteria for
admission;
c. admission to place of
public accommodation;
d. sale or
lease of housing accommodations and lending of money upon equal terms and
conditions, and,
e. a requirement
for reports of the manner of compliance, payment of complainant's attorney's
fees, expert fees, other litigation expenses and compensatory
damages.
3. With respect
to charges filed under the Fair Housing Practices Act, upon a determination
that a respondent has engaged in, or is engaging in, any unlawful
discriminatory practice, the Commission may also order the respondent to pay a
civil penalty as provided by law and may also order the respondent to pay the
complainant damages sustained by the unlawful discriminatory
practice.
4. In case a respondent
is operating by virtue of any license or permit issued by the state or agency
thereof, if the Commission determines after hearing that the respondent has
engaged in or is engaging in any unlawful discriminatory practice, the
Commission shall send a copy of its Decision and Order to the licensing or
contracting authority.
5. At any
time in its discretion, the Commission may investigate whether the terms of the
Decision and Order are being complied with. Upon a determination that the terms
of the Decision and Order are not being complied with, the Commission may take
appropriate action to assure compliance including, but not limited to,
petitioning the Superior Court of Rhode Island for its enforcement.
6. The Commission with the consent of the
respondent may enter a consent Order at any time after service of a complaint.
Such consent Orders shall include an express provision that respondent intends
to be legally bound thereby. Consent orders shall have the same force and
effect as a Decision and Order of the Commission entered after hearing. Such
consent Orders shall waive public hearing and may or may not make findings of
fact or conclusions of law.
C. Dismissal. If the Commission finds that
the respondent has not engaged in any unlawful discriminatory practices against
the complainant or others, it shall mail the Decision and Order dismissing the
complaint to the complainant, respondent and the Attorney General.
D. Service of Orders. Copies of Decisions and
Orders shall be served on all parties, and, where appropriate, the Attorney
General and the state licensing or contracting authority.
E. Filing of Orders. All Decisions and Orders
issued by the Commission after a hearing shall be filed in the office of the
Commission and shall be open to public inspection during regular office hours
of the Commission.
