Proposed/Adopted Changes
NEW PROCEDURAL RULES: Effective February 8, 2010 Effective February 8, 2010, the Commission has adopted revisions to its procedural rules, CHAPTER 2: PROCEDURAL RULE; CHAPTER 4-A: PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY; and CHAPTER 9: HOUSING PROCEDURAL RULE. The adopted changes to CHAPTER 4-A were made jointly with the Maine Department of Education, pursuant to 5 M.R.S.A. § 4603.
These amendments changed to the Commission’s procedural rules to implement new statutory provisions as well as comply with the Commission’s worksharing agreements with its federal partners; combine the housing procedural rule with the general procedural rule, thereby deleting the former housing rule; create greater consistency between the education procedural rule and the Commission’s general procedural rule; add provisions on advisory rulings; and clarify the roles of Commission staff.
The adopted rule changes (in legislative and clean text format) and the basis statement may be viewed below:
Ch 2 & 9 clean (HTML) 
Chapter 2 & 9 clean version (PDF) | Ch 2 & 9 Legislative Format (HTML) Chapter 2 & 9 Legislative (PDF)
Ch 4-A (HTML) Chapter 4-A (PDF) | Ch 4-A Legislative Format (HTML) Chapter 4-A Legislative. format (PDF)
PROPOSED RULE AMENDMENT Pursuant to 5 M.R.S.A. § 4566(7), the Maine Human Rights
Commission is proposing amendments to its procedural rules,
CHAPTER 2: PROCEDURAL RULE; CHAPTER 4-A:
PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY;
and CHAPTER 9: HOUSING PROCEDURAL RULE.
The proposed
changes to CHAPTER 4-A are made jointly with the Maine Department of Education, pursuant to 5 M.R.S.A. § 4603.These amendments would make changes to the Commission’s procedural rules to implement new statutory provisions as well as comply with the Commission’s worksharing agreements with its federal partners; combine the housing procedural rule with the general procedural rule; create greater consistency between the education procedural rule and the Commission’s general procedural rule; add provisions on advisory rulings; and clarify the roles of Commission staff.A public hearing on these rules has been set for
Monday, December 7, 2009, at 1:00 P.M., at the Senator Inn and Conference Center, Embassy Room, 284 Western Ave, Augusta, ME.
Oral or written testimony on the proposed rules will be received at that time. Written testimony and comments will be accepted at the Commission’s office until December 17, 2009.
A copy of the section of the rules that are being amended is available below or may be obtained by contacting this office at 624-6050. Specific questions should be addressed to John P. Gause, Commission Counsel, John.P.Gause@Maine.gov, or Susan Corrente, Legal Counsel, Maine Department of Education, Susan.Corrente@Maine.gov.
Ch 2 & 9 (DOC) Chapter 2 & 9.(PDF)
Ch 4-A (DOC) Chapter 4-A (PDF)
NEW FILING DEADLINES: Effective September 12, 2009:
The filing deadlines under the Maine Human Rights Act have been amended, effective September 12, 2009. The time to file a complaint with the Commission has been enlarged from 6 months to 300 days after the alleged act of discrimination. The two-year statute of limitations for filing a court action has also been changed. Under the new law, complainants have the greater of either 2 years after the act of alleged discrimination or 90 days from from a dismissal, right-to-sue letter, or failed conciliation. The Commission has two years to complete its investigation under section 4612(1)(B).
The new law, known as PL 235, can be viewed here:
PL 235 (.DOC) PL 235 (.PDF)
A graphic depiction of the changes under the new law can be viewed here.
PL 235 (.DOC) PL 235 (.PDF)
NEW SERVICE ANIMAL RULES: Effective November 19, 2008
Effective November 19, 2008, the Commission amended its housing and public accommodations regulations covering “service animals” in Chapter 7: Accessibility Regulations of the Maine Human Rights Commission; and Chapter 8: Housing Regulations of the Maine Human Rights Commission.
The amendments conform the Commission’s rules to the changes to the Maine Human Rights Act created by Public Law, Chapter 664, 123 rd Maine State Legislature. The new statutory provisions, which were effective July 17, 2008 and can be found at 5 M.R.S.A. §§ 4553(9-D), 4592(8), and 4582-A(3), added a definition of “service animal” to the Act and address the rights of people with disabilities to use service animals in housing and places of public accommodation. The adopted rule incorporates these changes into the Commission’s housing and public accommodations regulations.
The adopted rule and basis statement may be viewed below.
PROPOSED RULE AMENDMENT
Pursuant to 5 M.R.S.A. § 4566(7), the Maine Human Rights Commission is proposing amendments covering “service animals” to its regulations, Chapter 7: Accessibility Regulations of the Maine Human Rights Commission; and Chapter 8: Housing Regulations of the Maine Human Rights Commission.
The amendments are proposed to conform the Commission’s rules to the changes to the Maine Human Rights Act created by Public Law, Chapter 664, 123 rd Maine State Legislature. The new statutory provisions, which become effective July 17, 2008, add a definition of “service animal” to the Act and address the rights of people with disabilities to use service animals in housing and places of public accommodation. The proposed rule incorporates these changes into the Commission’s housing and public accommodations regulations.
A public hearing on these rules will not be held unless a request for a hearing is received by the Commission from five or more interested persons.Written testimony and comments will be accepted at the Commission’s office until June 27, 2008.
A copy of the section of the rules that are being amended is available below or may be obtained by contacting this office at 624-6050. Specific questions should be addressed to John P. Gause, Commission Counsel.
NEW SERVICE ANIMAL PROVISIONS: Effective July 17, 2008
The Maine Human Rights Act has been amended to include a definition of service animal and provisions addressing service animals in housing and places of public accommodation. These changes were recommended by a task force created by L.D. 289 to evaluate Maine statutory provisions relating to service animals and propose changes. In addition to the Maine Human Rights Act amendments, the new public law includes changes applicable to dog licensing fees and the Model White Cane Law.
The entire new public law, which includes the additions to the Maine Human Rights Act, may be viewed below.
Service Animal Amendment
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DISABILITY RULE REPEAL: Effective April 14, 2008
The Commission repealed the regulatory definition of “physical or mental disability” in Chapter 3: Employment Regulations of the Maine Human Rights Commission; Chapter 5: Public Accommodations Regulations Relating to Physical or Mental Disability Discrimination in Public Conveyances of the Maine Human Rights Commission; Chapter 7: Accessibility Regulations of the Maine Human Rights Commission; and Chapter 8: Housing Regulations of the Maine Human Rights Commission.
The repeal was made because the former statutory definition of “physical or mental disability” in the Maine Human Rights Act, 5 M.R.S.A. § 4553 (7-A, 7-B), which the regulatory definition interpreted, was repealed by Public Law, Chapter 385, 123rd Maine State Legislature. The new statutory definition of disability, which became effective June 21, 2007, can be found in the Maine Human Rights Act, 5 M.R.S.A. § 4553-A. The Commission is not proposing a new regulatory definition of “physical or mental disability” interpreting the new statutory definition at this time.
The adopted rules may be viewed below.
94-348 Changes Definition of Disability
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MAINE HUMAN RIGHTS ACT AMENDMENTS: Effective September 19, 2007
The following amendments to the Maine Human Rights Act took effect September 19, 2007. These amendments correct typographical errors, clarify the protections of the Act, make certain Maine Human Rights Commission records confidential, and prohibit unreasonable housing practices that have a disparate impact on the basis of race, color, sex, sexual orientation, physical or mental disability, religion, country of ancestral origin, familial status or the receipt of public assistance payments. The amendments, reflected in Public Law, Chapter 243, 123 rd Maine State Legislature, may be viewed below.
Amendments to Public Law Chapter 243
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NEW SEXUAL ORIENTATION RULES: Effective September 15, 2007
Effective September 15, 2007, the Commission adopted amendments to its employment and housing rules to implement the addition of “sexual orientation” to the protected classifications under the Maine Human Rights Act. These adopted rules apply to Chapter 3: Employment Regulations of the Maine Human Rights Commission and Chapter 8: Housing Regulations of the Maine Human Rights Commission. Rules addressing sexual orientation discrimination in education and places of public accommodation will be implemented at a later time. The adopted rules and basis statement may be viewed below.
BASIS STATEMENT AND RESPONSE TO COMMENTS
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94-348 –ADOPTED CHANGES TO RULES
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New Definition of Disability
Effective June 21, 2007, a new definition of “physical or mental disability” was added to the Maine Human Rights Act. The new definition applies to all cases of alleged disability discrimination occurring after the law took effect. The definition replaces all prior definitions of disability under the Act, including the regulatory definition that went into effect on March 21, 2007. The new definition is set forth below.
An Act To Clarify the Definition of “Physical or Mental Disability” in the Maine Human Rights Act
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Adopted Amendment
Effective March 21, 2007
(NOTE: SUPERSEDED BY STATUTE)
On December 11, 2006, the Commission voted to adopt a rule amending its regulations interpreting the definition of “physical or mental disability” under the Maine Human Rights Act. The new rule addresses the definition of “physical or mental disability” in the context of Chapter 3: Employment Regulations of the Maine Human Rights Commission; Chapter 5: Public Accommodations Regulations Relating to Physical or Mental Disability Discrimination in Public Conveyances of the Maine Human Rights Commission; Chapter 7: Accessibility Regulations of the Maine Human Rights Commission; and Chapter 8: Housing Regulations of the Maine Human Rights Commission.
These changes went into effect on March 21, 2007. (NOTE: Effective June 21, 2007, a new definition of "physical or mental disability" was added to the Maine Human Rights Act. The new statutory definition applies to all cases of alleged disability discrimination occurring after the law took effect. The new statutory definition replaced all prior definitions of disability under the Act, including this regulatory definition.)
Basis Statement and Response to Comments
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94-348 ADOPTED RULE
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