804 Mass. Reg. 1.11 : — MASSACHUSETTS COMMISSION AGAINST DISCRIMINATIONRules of Procedure — Certification of Issues to Public Hearing

(1) Certification. When the Investigating Commissioner determines that the public interest requires a certification of issues to public hearing, the Investigating Commissioner shall issue a certification order in the name of the Commission pursuant to M.G.L. c. 151B, § 5.
(2) Certification Process. The Investigating Commissioner may issue a certification order sua sponte or upon notification that discovery is complete, or, if circumstances so warrant, the Investigating Commissioner may schedule a conference pursuant to 804 CMR 1.11(3) prior to issuance of such order to determine which issues, if any, shall be certified to public hearing.
(3) Certification Conference. The Investigating Commissioner shall serve notice of the certification conference upon all parties and counsel of record. The Investigating Commissioner may issue an order requiring written submissions by the parties in advance of the certification conference, and failure to provide all written submissions as ordered shall be cause for sanctions. The written submissions shall contain the following:
(a) List of proposed issues to be certified to public hearing;
(b) Affirmative defenses;
(c) Parties, including definition of proposed classes;
(d) Pending motions ( e.g., discovery issues, motions for certification, motions for reconsideration of probable cause);
(e) All relief sought, including any equitable relief and description of the bases on which damages are calculated;
(f) Settlement efforts; and
(g) Any other matter which in the judgment of the Investigating Commissioner is likely to expedite the preparation and presentation of the case.
(4) Certification Order. The certification order shall be in writing, served upon all parties and counsel of record and may provide the following:
(a) Certification of issues to be considered at a public hearing before a Hearing Commissioner;
(b) Certification of one or more questions of law to the Full Commission; and
(c) Address any other matters the Investigating Commissioner deems appropriate in the public interest, including a denial of certification and reversal of the probable cause determination.

804 CMR 1.11

Amended by Mass Register Issue 1409, eff. 1/24/2019.
Amended by Mass Register Issue 1424, eff. 1/24/2020.