As used in 804 CMR 1.00:

Commission means the Massachusetts Commission Against Discrimination (MCAD) as constituted under M.G.L. c. 6, § 56, including Commissioners and Commission employees.

Complainant means any person who files a complaint with the Commission.

Complaint means a document containing allegations of unlawful discrimination filed with the Commission.

Counsel means an attorney in good standing who has entered a notice of appearance in a matter pending before the Commission, including counsel for the Commission.

Counsel for the Commission means an attorney employed by the Commission who prosecutes a complaint on behalf of the public interest and represents the Commission in judicial and administrative proceedings.

Document means any paper document or electronically stored information including, but not limited to, writings, drawings, books, records, graphs, charts, photographs, sound recordings, video recordings, images and other data or data compilations, stored in any medium from which information can be retrieved and made into a reasonably usable form.

Duly Authorized Representative means any person who is not an attorney and is authorized by a party to act and communicate on their behalf with the Commission pre-probable cause.

Ex Parte means without notice to or argument from the other party or parties.

Filing means the submission of a document or information through the MCAD Case Portal unless alternative means of filing are specified in 804 CMR 1.00.

Full Commission means at least three Commissioners acting together.

Investigative Disposition means the official document issued by the Commission upon conclusion of the investigation containing the determination of the Commission.

MCAD Case Portal means the online access point to the Commission's case management system available through its website, which provides parties and representatives with the ability to file complaints, motions, and other documents, access case information, make requests, and communicate with the Commission.

Moving Party means the party who files a written motion at any time or moves for relief verbally during a Commission proceeding.

Order means an instruction, ruling, direction, or decision of the Commission.

Party means the complainant, respondent, and any person permitted to intervene in a Commission proceeding; after certification to public hearing, the Commission is the primary party to the proceeding and the complainant becomes the intervening party in accordance with M.G.L. c. 151B, § 5.

Person means any natural person, corporation, trust, partnership, incorporated or unincorporated association, limited liability company, or any legal entity, and shall not mean artificial intelligence.

Personal Service means the delivery of the notice or process to the person to whom it is directed, which in the case of a natural person means, either by delivery in hand or by leaving copies at the last and usual place of abode of such person, and in the case of a legal entity, means delivering notice or process in hand to an officer, managing or general agent or person in charge of the business at the principal place of business, or by delivering such copies to any other agent authorized by appointment or by law to receive service of process.

Post-probable Cause means the period of time after the issuance of a probable cause disposition.

Preliminary Appeal means a complainant's appeal of an investigative disposition where probable cause is not found, except for dismissals pursuant to 804 CMR 1.08(1)(a), (b), (d), and (e), as provided for in M.G.L. c. 151B, § 5 and otherwise known as a preliminary hearing.

Pre-probable Cause means the period of time between the filing of a complaint and the issuance of an investigative disposition during which the Commission is investigating the complaint, including the preliminary appeal process.

Probable Cause means there is sufficient evidence upon which a fact finder could form a reasonable belief that it is more probable than not that a respondent committed an unlawful practice or violated a statute under the Commission's jurisdiction.

Pro Hac Vice means admission of an attorney who is not a member of the Massachusetts bar to appear and practice at the Commission for a particular case only.

Pro Se means a person appearing on their own behalf and without a representative.

Pseudonym means a fictitious name used to conceal the identity of a complainant.

Public Hearing means the adjudicatory hearing held at the Commission pursuant to M.G.L. c. 151B, § 5 in which the respondent answers those claims certified to hearing by the Commission.

Representative means counsel or a duly authorized representative.

Respondent means the person, business, employer, labor organization, employment agency, housing provider, real estate broker or agent, lender, appraiser or any other person or entity alleged to have committed unlawful discrimination in a complaint filed with the Commission.

Sua Sponte means an action taken by the Commission of its own accord which does not require a motion or request from a party.

Subpoena Duces Tecum means an order commanding the production of documents or tangible things; such order may be included in a subpoena commanding testimony or it may be issued independent of or in lieu of testimony.