Section 10.03 - Prerequisites to all Enforcement ActionsThe following are preconditions to the Commission commencing enforcement action under 804 CMR 10.00:
(1) the Commission shall determine that the respondent has no further judicial remedies;(2) the Commission shall determine the final order affixing liability. The final order shall be either: (a) the final unappealed Commission decision; or(b) the decision of the Superior Court affirming or modifying the final Commission decision; or(c) the decision of the Appeals Court or the Supreme Judicial Court affirming or modifying the final Commission decision.(3) In instances where the respondent has been ordered to make a monetary payment to the complainant, to reinstate to employment, to promote, to provide complainant with housing or to otherwise provide complainant with an employment, real estate, or public accommodations benefit, the Commission shall inquire with the complainant to ascertain whether the final order has been complied with. Such inquiry shall be made no less than 30 days prior to the commencement of an enforcement action.(4) Where the final order has not been complied with, the Commission shall issue to the respondent a demand letter no less than thirty days prior to commencement of any or all of the enforcement actions specified herein. The demand letter shall outline the final order of liability and specify that unless the final order is complied with by a date certain, the Commission will commence enforcement action. Respondent shall be appraised of all enforcement actions specified by this sub-part.