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804 CMR 11.00 PROVISION OF TRAINING SERVICES

804 CMR 11.01

Purpose, Authority, and Effective Date

1) Purpose. The purpose of 804 CMR 11.00 is to provide for the orderly and efficient administration of training services provided by the Commission through the establishment of an application process and training fees; and to otherwise implement the provisions of M.G.L. c. 151B, § 3, 15.

2) Authority. 804 CMR 11.00 is adopted pursuant to M.G.L. c. 151B, §. 3, 15.

3) Effective Date. 804 CMR 11.00 shall take effect on January 30, 2004.

804 CMR 11.02

Definitions

As used in 804 CMR 11.00, the following terms shall have the following meanings, unless the context clearly requires otherwise:

Applicant. Any person or employer who applies for training services from the Commission.

Chair. The Chairman or Chairwoman of the Massachusetts Commission Against Discrimination as designated pursuant to section fifty-six of chapter six.

Commission. The Massachusetts Commission Against Discrimination, established by section fifty-six of chapter six.

Employer. Any person, firm, corporation, partnership, association or other entity engaged in a business or in providing services, including the Commonwealth of Massachusetts and any of its political subdivisions.

Person. Any individual, trust, firm, public or private corporation or authority, partnership, association or other entity or any group thereof or any officer, employee, or agent thereof, the Commonwealth and the federal government and any agency or authority thereof, including any city, town, county, or district of the Commonwealth.

Training. The provision of educational services by the Director of Training or his or her designee relating to the anti-discrimination laws enforced by the Commission.

804 CMR 11.03

Application Requirements for Training

(1) Any person or employer who seeks to receive training services from the Commission must complete an Application for Training Services form and submit it to the Commission's Director of Training.

(2) Training services shall be provided to employers only as follows:

(a) for voluntary training services: the training must be mandatory for all employees, including managerial staff; or

(b) for training services provided pursuant to a Commission or court order, or a settlement agreement: the training must be mandatory for all persons specified in the order or agreement; or

(c) as directed by the Commission's Director of Training.

804 CMR 11.04

Training Fees

(1) The following fees shall apply to all training services provided by the Commission: Half-day sessions (four hours or less) ------------ $25 per participant. Full-day sessions (four to seven hours) ------------- $40 per participant.

(2) A minimum of ten participants and/or a minimum payment of $250 (four hours or less) or $400 (four to seven hours) is required. A maximum of forty participants may be included in each training session.

(3) In instances of severe financial hardship, the Chair or his or her designee may, at his or her discretion, grant a request to reduce or waive the training fee. An applicant seeking a reduction or waiver of the fee shall file a written request, appended to the application form, setting forth the following:

a. the circumstances the applicant believes constitute severe financial hardship;
b. a proposed fee; and
c. the reasons the applicant believes the proposed fee is appropriate.

(4) The Chair may, at his or her discretion, reduce or waive any fee at the request of the Director of Training.

(5) The Commission shall review all fees established pursuant to 804 CMR 11.00 annually and shall by regulation adjust fees as necessary to reflect changes in the cost of the provision of its training services.