§ 28-5-18. Complaint and notice of hearing.
(a) If the commission fails to effect the elimination of the unlawful employment practices and to obtain voluntary compliance with this chapter, or, if the circumstances warrant, in advance of any preliminary investigation or endeavors, the commission shall have the power to issue and cause to be served on any person or respondent a complaint stating the charges in that respect and containing a notice of hearing before the commission, a member of the commission, or a hearing examiner at a place fixed in the complaint to be held not less than ten (10) days after the service of the complaint.
(b) Any complaint issued pursuant to this section must be issued within two (2) years after a signed and notarized charge has been filed with the commission pursuant to § 28-5-17.
(c) No proceeding which was pending under this chapter on April 5, 1996, shall be subject to dismissal on the basis of the commission’s failure to issue a complaint within one year after the alleged unfair employment practice occurred or has been applied to affect adversely the person aggrieved, where that charge was filed with the commission within one year after the alleged unfair employment practice occurred or has been applied to affect adversely the person aggrieved, whichever is later, and the respondent had agreed to extend or waive the one-year period of limitations.
History of Section.P.L. 1949, ch. 2181, § 8; G.L. 1956, § 28-5-18; P.L. 1991, ch. 135, § 2; P.L. 1991, ch. 343, § 2; P.L. 1996, ch. 159, § 1; P.L. 1996, ch. 362, § 1.
Structure Rhode Island General Laws
Title 28 - Labor and Labor Relations
Chapter 28-5 - Fair Employment Practices
Section 28-5-1. - Short title.
Section 28-5-2. - Legislative findings.
Section 28-5-3. - Declaration of policy.
Section 28-5-4. - Exercise of police power.
Section 28-5-5. - Right to equal employment opportunities.
Section 28-5-5.1 - — 28-5-5.3. [Repealed.]
Section 28-5-6. - Definitions.
Section 28-5-7. - Unlawful employment practices.
Section 28-5-7.1. - Exemption of firefighter and law enforcement officer.
Section 28-5-7.2. - Proof of unlawful employment practices in disparate impact cases.
Section 28-5-7.3. - Discriminatory practice need not be sole motivating factor.
Section 28-5-7.4. - Accommodation of pregnancy-related conditions.
Section 28-5-8. - Rhode Island commission for human rights — Composition.
Section 28-5-9. - Terms of commission members.
Section 28-5-10. - Quorum of commission.
Section 28-5-11. - Compensation of commission members — Reappointment.
Section 28-5-12. - Removal of commission members.
Section 28-5-13. - Powers and duties of commission.
Section 28-5-14. - Educational program.
Section 28-5-15. - Acceptance of contributions — Cooperation of private agencies.
Section 28-5-16. - Power to prevent unlawful practices — Preference for informal methods.
Section 28-5-17. - Conciliation of charges of unlawful practices.
Section 28-5-18. - Complaint and notice of hearing.
Section 28-5-20. - Answer to complaint — Respondent’s rights at hearing.
Section 28-5-20.1. - Proceedings before other state administrative agencies.
Section 28-5-21. - Rules of evidence.
Section 28-5-22. - Evidence of predetermined pattern.
Section 28-5-23. - Testimony at hearing.
Section 28-5-24. - Injunctive and other remedies — Compliance.
Section 28-5-24.1. - Proceedings in superior court.
Section 28-5-25. - Order dismissing complaint.
Section 28-5-26. - Modification of findings or orders.
Section 28-5-27. - [Repealed.]
Section 28-5-28. - Right to judicial review or enforcement.
Section 28-5-29. - Initiation of judicial proceedings — Powers of court.
Section 28-5-29.1. - Punitive damages.
Section 28-5-30. - Objections not urged before commission.
Section 28-5-31. - Additional evidence in court.
Section 28-5-32. - Modification of commission’s findings and orders on additional evidence.
Section 28-5-33. - Exclusive jurisdiction of court — Appeal to supreme court.
Section 28-5-34. - Commission’s copy of testimony — Hearing on transcript.
Section 28-5-35. - Commission’s attorneys.
Section 28-5-36. - Decree for enforcement of commission’s order.
Section 28-5-37. - Posting of statutory provisions.
Section 28-5-38. - Liberal construction.
Section 28-5-39. - Severability.
Section 28-5-40. - Affirmative action report.
Section 28-5-41. - Right to fair employment practices.
Section 28-5-41.1. - Right to fair employment practices — Gender identity or expression.
Section 28-5-42. - Receipt of assistance — No estoppel effect.