STATE OF MICHIGAN CIVIL RIGHTS COMMISSION

CERTIFICATION: This is to certify that the following is a true and correct copy of the Rules governing organization, practice and procedure adopted by the Michigan Civil Right Commission on August 11, 1964.

SIDNEY M. SHEVITZ, Secretary of the Commission.

RULES GOVERNING ORGANIZATION, PRACTICE AND PROCEDURE

1. Introduction

These rules are promulgated pursuant to Article V, Section 29, of the Constitution of the State of Michigan.

The purpose of these rules is to specify practices and procedures for the processing of Complaints brought to, by or before the Civil Rights Commission, of investigatory hearings and proceedings, and to provide for the organization of the Commission.

The civil rights within the jurisdiction of the Commission shall be those guaranteed by law and the Constitution including, but not limited to, the areas of civil liberities, employment, education, housing, and public accomodations; and the jurisdiction of the Commission shall not be limited to the processing of Complaints. 2. Definitions

When used in these rules:

(a) The term "person" includes one or more individuals, partnerships, associations, organization, corporations, legal representatives, trustees, trustees in bankruptcy, receivers or other organized groups of persons.

(b) The term "Commission" shall mean the State Civil Rights Commission created by Article V, Section 29, of the Michigan Contitution. The term "Commissioner" shall mean any member of the Civil Rights Commission.

(c) The term "Chairman" shall mean the duly appointed or elected Chairman or a Co-Chairman of the Civil Rights Commission, or, in the event of his or their absence, the acting Chairman designated by the remaining members of the Commission.

(d) The term "Director" shall mean the Executive Director engaged by the Commission.

(e) The term "Commission Investigator" shall mean a member, an agent or employee of the Commission designated or delegated by the Commission to make an investigation.

(f) The term "Hearing Commissioner" shall mean a Commissioner designated by the Chairman or the Commission to conduct a hearing.

(g) The term "Hearing Referee" shall mean an agent or employee of the Commission designated or delegated by the Chairman or the Commission, or the Director, to conduct a hearing.

(h) The term "Commission's Counsel" shall mean the State Attorney General, or such assistants of the Attorney General as may be assigned to the Commission, or such other attorney as may be engaged by the Commission.

(i) The term "Claimant" shall mean any person who shall have applied to the Commission for the issuance of a Complaint.

(j) The term "Respondent" shall mean any person against whom the Claimant shall have complained, or against whom the Commission may have issued a Complaint.

(k) The term "Party" or "Parties" shall mean the Claimant and/or the Respondent and/or the Commission where appropriate.

(1) The term "Constitution" shall mean the Constitution of the State of Michigan.

3. State Civil Rights Commission: election and tenure of officers, quorum; voting procedures

(a) The Commission each January shall elect from its members by a majority vote of the Commission a Chairman or Cochairmen and such other officers as the Commission shall determine, who shall serve during the balance of the calendar year and until their successors have been duly elected and qualified.

(b) A majority of all the members of the Commission shall constitute a quorum. A majority of all the members shall be required to decide matters of a non-ministerial nature, but a majority of a quorum may decide ministerial mat

ters.

A vacancy in the Commission shall not impair the right of the remaining members to exercise all the powers of the Commission.

4. Application for complaint

(a) Who may file.

(a-1) Any person claiming to be aggrieved by unlawful discrimination against him may by himself or his agent, make, sign and file with the Commission an application to issue a Complaint. Assistance in drafting and filing applications shall be available, without charge, to Claimants at all Commission offices.

(a-2) Any Commissioner, or an agent authorized by the Commission, may initiate, make, sign and file an application.

(b) Form. The application shall be in writing, the original being signed and verified before a notary public or other person duly authorized by law to administer oaths and take acknowledgments. Notarial service shall be furnished without charge by the Commission.

(c) Contents. The application shall include the following:

(c-1) The full name and address of the Claimant and his agent, if any. (c-2) The full name and address of the Respondent.

(c-3) The alleged discrimination and a statement of the particulars thereof. (c-4) The date or dates of the alleged discrimination, and, if the alleged discrimination is of a continuing nature, the dates between which said continuing discrimination is alleged to have occurred.

(c-5) A statement as to any other proceeding, civil or criminal, based upon the same grievance as is alleged in the application, together with a statement as to the status or disposition of such other action. Where such a proceeding is pending, the Commission may, in its discretion, delay Commission consideration or action.

(d) Place of filing. The application shall be filed with the Commission at one of its offices.

(e) Time of filing. The application must be filed within 180 days from the date of the occurrence of the alleged discrimination. If the alleged discrimination is of a continuing nature, the date of the occurrence of said discrimination shall be deemed to be any date subsequent to the commencement of the discrimination up to and including the date upon which the discrimination shall have ceased. (f) Manner of filing. The application may be filed by personal delivery, or by mail addressed to one of the Commission's offices.

(g) Forms. Application forms may be obtained at any of the offices of the Commission.

(h) Notification. At or prior to the commencement of any investigation under an application, a brief written description of the charges made against the Respondent in the application shall be delivered or mailed to the Respondent. (i) Withdrawal. An application, or any part thereof, may be withdrawn only on written consent of the Commission upon such conditions as shall be deemed proper in the circumstances.

5. Issuance of Complaint

(a) If the Commission shall determine that there are sufficient grounds therefor, a Complaint shall be issued on behalf of the Commission.

(b) Refusal to issue Complaint. If the Commission shall determine that there are insufficient grounds on which to base a Complaint, it shall refuse to issue a Complaint and shall notify the Parties by registered or certified mail, return receipt requested, of such determination and of such refusal, together with the reasons therefor, and of the Claimant's right to request the Commission for reconsideration of such determination within 15 days from the date of such mailing, in accordance with the provisions of Rule 7.

6. Conference and conciliation

(a) Prior to the issuance of a Complaint, the Respondent may be invited to participate in conference and conciliation in an endeavor to eliminate the alleged discrimination.

(b) Nondisclosure of facts. The members of the Commission and its staff shall not disclose what has transpired in the course of such endeavors at conference and conciliation.

(c) Conciliation. If the Commission shall succeed in its endeavors at conference and conciliation it shall mark the case accordingly and notify the parties by registered or certified mail, return receipt requested, of the terms of con

ciliation and of the Parties' right to request reconsideration of such terms of conciliation, within 15 days from date of mailing, in accordance with Rule 6. 7. Reconsideration by the Commission

Any Claimant may request of the Commission a reconsideration of its refusal to issue a Complaint or any Party may so request as to the terms of conciliation. Such request must be in writing, state specifically the grounds upon which it is based, and be filed within 15 days from the date of mailing of the notice of disposition of which reconsideration is requested. It shall be filed in the office of the Commission (personally or by mailing) where the application was previously filed.

The Commission in its discretion shall grant or deny the request for reconsideration. In either event, it may schedule a hearing thereon at such time and place and before such Hearing Commissioner or Commissioners or Hearing Referee or Referees as it may determine, and notice thereof shall be given to all Parties to the proceeding. The Parties may appear in person or by counsel, may present witnesses and testimony, and examine and cross-examine witnesses. A record of such proceedings shall be made and reported to the Commission by the Hearing Commissioner or Commissioners or Hearing Referee or Referees, and the Commission shall thereupon make determination and notify all Parties by registered or certified mail, return receipt requested, and shall issue instructions for appropriate action based upon such determination.

8. Form of Complaint

The Complaint shall be in writing, in such form and content as the Commission shall determine.

9. Service of Complaint

Copies of the Complaint shall be delivered or mailed to the Parties, together with notice to the Respondent to answer the Complaint as hereinafter provided. 10. Amendment of Complaint

The Commission on its own motion or on motion of the Claimant may amend a Complaint at any time prior to issuance of an order based on the Complaint. 11. Answer

(a) Time of filing: The Respondent shall file a written verified answer within ten days from the date of service of the Complaint.

(b) Place and manner of filing: The answer shall be filed in duplicate at the office of the Commission where the Complaint originated. The filing shall be by personal delivery, or by registered or certified mail, return receipt requested. (c) Extension of time for filing: Upon request, the Commission may, for good cause shown, extend the time within which the answer may be filed.

(d) Form: The answer shall be in writing, the original being signed and verified by the Respondent. The answer shall contain the post-office address of the Respondent, and if he is represented by counsel, the name and post-office address of said counsel.

The answer shall contain a general or specific denial of each and every allegation of the Complaint controverted by the Respondent, or a denial of any knowledge or information sufficient to form a belief, and a statement of any matter constituting a defense.

Any allegation in the Complaint which is not denied or admitted in the answer, unless the Respondent shall state in the answer that he is without knowledge or information sufficient to form a belief, shall be deemed admitted.

(e) Amendment: The Respondent shall have the right reasonably and fairly to amend his answer.

The Respondent's right to amend his answer may be exercised at any time before the first hearing, without permission, and thereafter, in the discretion of the Hearing Commissioner or Commissioners, or Hearing Referee or Referees, on application duly made therefor.

Duplicate copies of an amended answer must be filed with the Commission. (f) Opening default: Upon application, the Commission may, for good cause shown, open a default in answering.

(g) Service: The Commission within five days after the date of filing an answer or amended answer, shall send a copy thereof by registered or certified mail, return receipt requested, to the Claimant at his last known place of residence or to his counsel.

12. Hearings

(a) Scheduling: Upon or after the issuance and service of a Complaint, the Commission may schedule and summon the Parties to a hearing upon the charges alleged in said Complaint.

The Commission may at any time schedule and conduct a hearing with respect to any matter which in the judgment of the Commission may involve unlawful discrimination and may warrant investigation by the Commission, regardless of whether a Complaint or an application therefor shall have been filed by or with the Commission.

(b) Notice: Notice of the time and place of such hearing shall be mailed or delivered to the Parties at least 20 days prior to the date of such hearing. If counsel shall have previously appeared on behalf of a Party, a copy of such notice of hearing shall be mailed to said counsel.

(c) Who shall conduct: Hearings shall be conducted by one or more Hearing Commissioners, or one or more Hearing Referees, or any combination of Hearing Commissioners and Hearing Referees designated by the Chairman. If more than one Commissioner or Referee conducts a hearing, one of them shall be designated by the Chairman as the presiding member.

(d) Appearance at hearings: Unless waived by the Commission, the Claimant shall be present at the hearing.

The Respondent may appear at the hearing in person or by counsel, examine and cross-examine witnesses and the Claimant and, if he has filed an answer, may submit oral testimony and other evidence in support of said answer. In the discretion of the Hearing Commissioner or Commissioners, or the Hearing Referee or Referees, any other person may be allowed to intervene, in person or by counsel, for such purposes and to such extent as the Hearing Commissioner or Commissioners, or the Hearing Referee or Referees, shall determine.

(e) Place: Hearings shall be held at a place designated by the Chairman, having due regard for the convenience of the Parties and witnesses.

(f) Procedure: The case in support of the Complaint shall be presented at the hearing by the Commission's counsel or by a member of the Commission's staff, or upon notice from Claimant, by the Claimant or his counsel, subject, however, to the right of the Commission to present other or additional evidence or argument. Hearing Commissioners or Referees shall have full authority to control the procedure of the hearing, to admit or exclude testimony or other evidence without regard to strict rules of evidence, and to rule upon all motions and objections. Hearing Commissioners or Referees may call and examine witnesses, direct the production of papers or other matter located in the hearing room, and introduce documentary or other evidence.

All oral testimony shall be given under oath or affirmation, and a stenographic transcript of the hearing shall be made by a duly qualified court reporter and kept.

Where hearings are conducted by three or more Commissioners, and/or Referees, all rulings and determinations shall be made by majority rule.

Evidence of the Commission's endeavors at conciliation shall not be admissible at the hearing.

(g) Stipulations: Written stipulations may be introduced in evidence, if signed by each person sought to be bound thereby, or by his counsel. Oral stipulations may be made on the record at open hearing.

(h) Continuation and adjournments: Hearing Commissioners or Referees may continue a hearing from day to day, or adjourn it to a later date, or to a different place by announcement thereof at the hearing, or by appropriate notice to all Parties.

(i) Motions and objections: Motions made during a hearing and objections with respect to the conduct of a hearing, including objections to the introduction of evidence, shall be submitted orally or in writing and shall be included in the transcript of the hearings.

(j) Oral arguments and briefs: Hearing Commissioners or Referees shall permit the Parties or their counsel, the Commission's Counsel, or the member of the Commission's staff presenting the case in support of the Complaint (and may permit interveners) to argue orally before them and to file briefs within such time limits as the Hearing Commissioners or Referees may determine. (k) Improper conduct. Hearing Commissioners or Referees may exclude from the hearing room or from further participation in the proceeding, any person who engages in improper conduct before them, except a Party, his counsel, or

a witness engaged in testifying, each of whom shall be subject to appropriate disciplinary action by the Commission.

(1) Public hearings. Hearings shall be open to the public, unless the Commission shall otherwise determine.

13. Written transcript of the record

The written transcript of the record upon the hearing before the Commission shall consist of the application, the notice of hearing, the Complaint and the verified answer, as the same may have been amended, the stenographic transcript of the hearings, the exhibits and depositions in evidence, written requests or statements, orders, stipulations, and the final order.

14. Orders to compel attendance of witnesses and submission of records

(a) Issuance. The Commission shall have the power to order the submission of books, papers and records and to require the attendance of witnesses, administer oaths, take testimony and receive evidence, and to compel through court authorization complicance with its orders.

(b) Witness or mileage fees. Where an order is issued at the instance of a Party to the inquiry or proceeding, other than the Commission or a member thereof, the cost of service and witness and mileage fees shall be borne by the Party at whose instance it has been requested and issued. When an order is issued at the instance of the Commission, or a member thereof, the cost of such service and witness and mileage fees shall be borne by the Commission. Such witness and mileage fees shall be the same as are paid to witnesses in the circuit courts of the State of Michigan.

15. Depositions

The Commission or any member thereof, on its own motion or on the application of one of the Parties whenever necessary and on such conditions as it or he may determine, shall take or cause to be taken depositions of witnesses residing within or without the State.

16. Orders

(a) Contents. An order of the Commission issued after hearing shall set forth its findings of fact and, in its discretion, an opinion containing the reasons for its decision.

(b) Issuance. If upon all the evidence at the hearing the Commission shall find that a Respondent has engaged in any unlawful discrimination, the Commission shall state its findings of fact and shall issue an order requiring such Respondent to cease and desist from such unlawful discriminatory act and to take such affirmative action as the Commission may deem appropriate, which may include a requirement for report from time to time of the manner and extent of compliance. If upon all the evidence the Commission shall find that a Respondent has not engaged in unlawful discrimination, the Commission shall state its findings of fact and shall issue an order dismissing the Complaint as to such Respondent.

(c) Service. Copies of orders shall be sent by registered or certified mail, return receipt requested, to the Claimant, Respondent, and any interveners, accompanied by a notice of the statutory right to judicial appeal. A copy of the order shall also be transmitted to such public officers as the Commission deems proper.

(d) Filing. All orders issued after a hearing shall be filed with the Director. Such orders shall be open to public inspection during regular office hours of the Commission.

(e) When deemed by the Commission necessary to safeguard the interests of persons concerned and to prevent injustice, the Commission may at any time prior to or subsequent to the issuance of a Complaint, issue its own order or apply to an appropriate court for the issuance of an order, directed to or against any person or persons, enjoining or prohibiting any conduct or threat thereof which jeopardizes or is prejudicial to the rights of any other person or persons in the enjoyment of any right protected by the Constitution.

Any person or persons to or against whom such an order shall have been issued by the Commission and served in person or by mail shall have the right to request of the Commission a reconsideration by the Commission as provided in the provisions of Rule 7.