PURPOSE: This rule sets out the procedures and criteria for certification of local commissions by the Missouri Commission on Human Rights.

1. (1) Only those local commissions certified as substantially equivalent by the Missouri Commission on Human Rights shall have the power and authority to hear contested cases alleging violations of Chapter 213, RSMo which are alleged to have been committed within the city, town, village or county which created the local commission.

   1. (A) A local commission shall be certified as substantially equivalent if the ordinance establishing the local commission provides similar protections of the procedural rights of parties appearing before the local commission as are provided by Chapter 213, RSMo and corresponding rules. Factors to be considered by the commission in determining substantial equivalence may include, but are not limited to, the following:

      1. 1. Contracting status with Equal

Employment Opportunity Commission;

1. 2. Contracting status with the federal

Department of Housing and Urban Development;

1. 3. Substantive rights;
2. 4. Procedural rights; and
3. 5. Powers and duties.
4. (B) Proceedings before the local commission shall be consistent with the requirements of section 213.075, RSMo. The order of a local commission in a contested case shall not be final for appeal purposes until it has been filed with and reviewed by a hearing examiner of the commission. Within ninety (90) days of receipt of the local commission’s complete hearing record, the commission hearing examiner shall issue an opinion. For appeal purposes, the order of the local commission shall become final thirty (30) days from the date of issuance of the hearing examiner’s opinion. If no opinion is issued by the hearing examiner within ninety (90) days, the local commission’s decision shall be considered final for purposes of appeal.

AUTHORITY: sections 213.020, 213.030, 213.075, 213.131 and 213.135, RSMo (Cum. Supp. 1992).* Original rule filed Dec. 2, 1992, effective June 7, 1993. *Original authority: 213.020, RSMo 1959, amended 1986, 1992; 213.030, RSMo 1959, amended 1978, 1986, 1992; 213.075, RSMo 1986, amended 1992; and 213.131, RSMo 1992; and 213.135, RSMo 1992.