§ 42-87-5 Enforcement ofanti-discrimination provisions. – (a) Except as specifically set forth in subsections (b) and (c), the RhodeIsland commission for human rights is empowered and directed to prevent anyperson from violating any of the provisions of §§ 42-87-1 –42-87-4, provided that before instituting a formal hearing it shall attempt byinformal methods of conference, persuasion, and conciliation, to inducecompliance with those sections. Upon the commission's own initiative orwhenever an aggrieved individual or an organization chartered for the purposeof combating discrimination or of safeguarding civil liberties or rights ofpersons with disabilities, the individual or organization being hereinafterreferred to as the "complainant", makes a charge to the commission that anyperson, agency, bureau, corporation or association, hereinafter referred to asthe "respondent", has violated or is violating any of the provisions of§§ 42-87-1 – 42-87-4, the commission may proceed in the samemanner and with the same powers as provided in §§ 28-5-16 –28-5-26, and the provisions of §§ 28-5-13 and 28-5-16 – 28-5-36,as to the powers, duties and rights of the commission, its members, hearingexaminers, the complainant, respondent, interviewer, and the court shall applyin any proceedings under this section.
(b) The governor's commission on disabilities is empoweredand directed to investigate and hear all complaints relating to allegedviolations of this chapter relating to the physical inaccessibility ofbuildings and structures.
(2) The governor's commission on disabilities shall have thepower and duties to adopt, promulgate, amend and rescind rules and regulationsto effectuate the provisions of this section.
(i) Prior to instituting a formal hearing, the governor'scommission on disabilities shall attempt by informal methods of conference,persuasion and conciliation, to induce compliance with this chapter. If thecomplaint or any portion of the complaint cannot be resolved by these informalmethods, the governor's commission on disabilities shall conduct a hearing asprovided by this section.
(ii) If the governor's commission on disabilities shall uponall the evidence find that the respondent has not engaged in violations of thecivil rights of individuals with disabilities caused by the physicalinaccessibility of buildings and structures, the commission shall state itsfindings of fact and shall issue and cause to be served on the complainant anorder dismissing the complaint as to the respondent.
(iii) If upon all the testimony taken, the commission shalldetermine that the respondent has engaged in violations of the civil rights ofindividuals with disabilities caused by the physical inaccessibility ofbuildings and structures, then the commission shall state its findings of factand shall issue and cause to be served upon the respondent an order requiringthe respondent to cease and desist from such practices, and to take any furtheraction that will effectuate the purposes of this chapter.
(iv) Any complainant or respondent claiming to be aggrievedby a final order of the commission may obtain judicial review of the finalorder; any party may obtain an order of court for enforcement of a final orderof the commission. These proceedings shall be brought in the superior courtwithin any county where the unlawful practices, which are the subject of thecommission's order, were committed or where any respondent, required in theorder to cease and desist from unlawful practices or to take other affirmativeaction resides or transacts business.
(c) The Rhode Island department of elementary and secondaryeducation is empowered and directed to hear all complaints relating toviolations of this chapter in the area of elementary and secondary education.Those complaints shall be heard in accordance with the process set forth inchapter 39 of title 16.
§ 42-87-5 Enforcement ofanti-discrimination provisions. – (a) Except as specifically set forth in subsections (b) and (c), the RhodeIsland commission for human rights is empowered and directed to prevent anyperson from violating any of the provisions of §§ 42-87-1 –42-87-4, provided that before instituting a formal hearing it shall attempt byinformal methods of conference, persuasion, and conciliation, to inducecompliance with those sections. Upon the commission's own initiative orwhenever an aggrieved individual or an organization chartered for the purposeof combating discrimination or of safeguarding civil liberties or rights ofpersons with disabilities, the individual or organization being hereinafterreferred to as the "complainant", makes a charge to the commission that anyperson, agency, bureau, corporation or association, hereinafter referred to asthe "respondent", has violated or is violating any of the provisions of§§ 42-87-1 – 42-87-4, the commission may proceed in the samemanner and with the same powers as provided in §§ 28-5-16 –28-5-26, and the provisions of §§ 28-5-13 and 28-5-16 – 28-5-36,as to the powers, duties and rights of the commission, its members, hearingexaminers, the complainant, respondent, interviewer, and the court shall applyin any proceedings under this section.
(b) The governor's commission on disabilities is empoweredand directed to investigate and hear all complaints relating to allegedviolations of this chapter relating to the physical inaccessibility ofbuildings and structures.
(2) The governor's commission on disabilities shall have thepower and duties to adopt, promulgate, amend and rescind rules and regulationsto effectuate the provisions of this section.
(i) Prior to instituting a formal hearing, the governor'scommission on disabilities shall attempt by informal methods of conference,persuasion and conciliation, to induce compliance with this chapter. If thecomplaint or any portion of the complaint cannot be resolved by these informalmethods, the governor's commission on disabilities shall conduct a hearing asprovided by this section.
(ii) If the governor's commission on disabilities shall uponall the evidence find that the respondent has not engaged in violations of thecivil rights of individuals with disabilities caused by the physicalinaccessibility of buildings and structures, the commission shall state itsfindings of fact and shall issue and cause to be served on the complainant anorder dismissing the complaint as to the respondent.
(iii) If upon all the testimony taken, the commission shalldetermine that the respondent has engaged in violations of the civil rights ofindividuals with disabilities caused by the physical inaccessibility ofbuildings and structures, then the commission shall state its findings of factand shall issue and cause to be served upon the respondent an order requiringthe respondent to cease and desist from such practices, and to take any furtheraction that will effectuate the purposes of this chapter.
(iv) Any complainant or respondent claiming to be aggrievedby a final order of the commission may obtain judicial review of the finalorder; any party may obtain an order of court for enforcement of a final orderof the commission. These proceedings shall be brought in the superior courtwithin any county where the unlawful practices, which are the subject of thecommission's order, were committed or where any respondent, required in theorder to cease and desist from unlawful practices or to take other affirmativeaction resides or transacts business.
(c) The Rhode Island department of elementary and secondaryeducation is empowered and directed to hear all complaints relating toviolations of this chapter in the area of elementary and secondary education.Those complaints shall be heard in accordance with the process set forth inchapter 39 of title 16.
§ 42-87-5 Enforcement ofanti-discrimination provisions. – (a) Except as specifically set forth in subsections (b) and (c), the RhodeIsland commission for human rights is empowered and directed to prevent anyperson from violating any of the provisions of §§ 42-87-1 –42-87-4, provided that before instituting a formal hearing it shall attempt byinformal methods of conference, persuasion, and conciliation, to inducecompliance with those sections. Upon the commission's own initiative orwhenever an aggrieved individual or an organization chartered for the purposeof combating discrimination or of safeguarding civil liberties or rights ofpersons with disabilities, the individual or organization being hereinafterreferred to as the "complainant", makes a charge to the commission that anyperson, agency, bureau, corporation or association, hereinafter referred to asthe "respondent", has violated or is violating any of the provisions of§§ 42-87-1 – 42-87-4, the commission may proceed in the samemanner and with the same powers as provided in §§ 28-5-16 –28-5-26, and the provisions of §§ 28-5-13 and 28-5-16 – 28-5-36,as to the powers, duties and rights of the commission, its members, hearingexaminers, the complainant, respondent, interviewer, and the court shall applyin any proceedings under this section.
(b) The governor's commission on disabilities is empoweredand directed to investigate and hear all complaints relating to allegedviolations of this chapter relating to the physical inaccessibility ofbuildings and structures.
(2) The governor's commission on disabilities shall have thepower and duties to adopt, promulgate, amend and rescind rules and regulationsto effectuate the provisions of this section.
(i) Prior to instituting a formal hearing, the governor'scommission on disabilities shall attempt by informal methods of conference,persuasion and conciliation, to induce compliance with this chapter. If thecomplaint or any portion of the complaint cannot be resolved by these informalmethods, the governor's commission on disabilities shall conduct a hearing asprovided by this section.
(ii) If the governor's commission on disabilities shall uponall the evidence find that the respondent has not engaged in violations of thecivil rights of individuals with disabilities caused by the physicalinaccessibility of buildings and structures, the commission shall state itsfindings of fact and shall issue and cause to be served on the complainant anorder dismissing the complaint as to the respondent.
(iii) If upon all the testimony taken, the commission shalldetermine that the respondent has engaged in violations of the civil rights ofindividuals with disabilities caused by the physical inaccessibility ofbuildings and structures, then the commission shall state its findings of factand shall issue and cause to be served upon the respondent an order requiringthe respondent to cease and desist from such practices, and to take any furtheraction that will effectuate the purposes of this chapter.
(iv) Any complainant or respondent claiming to be aggrievedby a final order of the commission may obtain judicial review of the finalorder; any party may obtain an order of court for enforcement of a final orderof the commission. These proceedings shall be brought in the superior courtwithin any county where the unlawful practices, which are the subject of thecommission's order, were committed or where any respondent, required in theorder to cease and desist from unlawful practices or to take other affirmativeaction resides or transacts business.
(c) The Rhode Island department of elementary and secondaryeducation is empowered and directed to hear all complaints relating toviolations of this chapter in the area of elementary and secondary education.Those complaints shall be heard in accordance with the process set forth inchapter 39 of title 16.
