Rhode Island Code of Regulations
Title 515 - Commission for Human Rights
Chapter 10 - Operation
Subchapter 00 - N/A
Part 2 - Procedure
Section 515-RICR-10-00-2.4 - Charge

Universal Citation: 515 RI Code of Rules 10 00 2.4

Current through September 18, 2024

A. Who May File. Any person or organization who claims to be aggrieved by an alleged discriminatory practice may make, sign and file a written charge with the Commission at any of its offices. Commission staff do not provide legal advice.

B. Charges Initiated by the Commission. The Commission may initiate charges. One Commissioner or the Director may initiate and file a charge in the name of the Commission. A Commissioner who files or approves the filing of a charge shall not participate as Preliminary Investigating Commissioner, nor shall they hear the complaint or participate in a decision on the complaint.

C. Form of Charge. The charge shall be in writing. The original charge, signed and verified by the complainant before a notary public or other person duly authorized by law to administer oaths, shall be filed with the Commission. Notary services, when available, shall be furnished without charge by the Commission.

D. Content of Charge. A charge shall contain, at a minimum, the following:

1. The full name and address for the person making the charge;

2. The full name and address of the person against whom the charge is made;

3. A concise statement of facts which the complainant believes constitutes an unlawful discriminatory practice;

4. The date(s) of the alleged unlawful discriminatory practice or, if the alleged unlawful discriminatory practice is of a continuing nature, the dates between which said continuous acts are alleged to have occurred.

E. Time of Filing. For cases alleging discrimination other than housing or credit discrimination, charges must be filed no later than within one (1) year after an alleged unfair practice occurred, terminated or was applied adversely to affect the person aggrieved, whichever is later, as provided in R.I. Gen. Laws § 28-5-17. Under R.I. Gen. Laws § 34-37-5(b), a complainant must file a charge of housing or credit discrimination within one (1) year of the date the unlawful practice occurred or terminated. Time limits for filing with federal agencies may be different than the time limits under state law.

F. Calculation of Time. Whenever time is to be calculated, the day when the act is done shall not be included in the computation. The last day of the period is to be included, unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor a holiday.

G. Place of Filing. A charge may be filed with the Commission in person at its office or by way of mail. All information needed to contact the Commission can be found on its website, http://www.richr.ri.gov/.

H. Withdrawal of Charge. A charge or any part thereof may be withdrawn by the complainant at any time prior to the issuance of a complaint by the Commission or final disposition of the charge. All withdrawals must be in writing, signed by the complainant or their attorney and signed by the Director.

I. Other Forms and Amendment of Charges. Notwithstanding any other provisions in this Chapter, a charge is deemed filed when the Commission receives from a person a written statement that is sufficiently precise to identify the parties and to describe generally the action or practices complained of. A charge or any part thereof may be amended to cure technical defects or omissions, including failure to swear to the charge, or to clarify and amplify allegations made therein, and such amendments relate back to the original filing date; provided, however, an amendment alleging additional acts constituting unlawful discriminatory practices not related to or growing out of the subject matter of the original charge will be permitted only where, at the date of the amendment, the allegation could have been timely filed as a separate charge.

J. Joinder of Parties in the Same Charge. Persons complaining of unlawful discriminatory practices arising out of the same transaction, occurrence, or succession or series of transactions or occurrences may join as complainants in a single charge. All persons charged with unlawful discriminatory practices arising out of the same transaction, occurrence or succession or series of transactions may be joined as respondents in the same charge.

K. Service of Charge. Notice of the charge and a copy of the charge shall be mailed to the respondent within twenty (20) calendar days of receipt of the charge by the Commission.

L. Response to Charge. Respondents may submit a written reply stating their position on the charge. General denials are not permitted.

M. Dismissal for Lack of Jurisdiction. If the Commission determines that it has no jurisdiction over a charge, the charge shall be dismissed.

N. Administrative Closures. A charge may be administratively closed by the Commission:

1. after notice to the complainant at their last known address and providing an opportunity to object, based on failure to locate a complainant or a complainant's failure to cooperate; or,

2. after notice to the last known address of the complainant and to their estate, if any, and providing an opportunity to object, when a complainant has died and either the Commission cannot locate the complainant's estate or the personal representative of the complainant's estate fails to proceed with the charge;

3. after notice to the complainant at their last known address, providing an opportunity to object, if:
a. the respondent has filed for bankruptcy; and,

b. the Director concludes, after review of the bankruptcy proceedings, that circumstances warrant an administrative closure.

4. after notice to the complainant at their last known address providing an opportunity to object if:
a. the respondent is in receivership; and,

b. the Director concludes, after review of the receivership proceedings, that circumstances warrant an administrative closure.

Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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