Me. Rev. Stat. » Title 5
Maine Revised Statutes

Me. Rev. Stat. tit. 5, § 4566 (2026)

Powers and duties of the commission

✓ current as of May 2026
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The commission has the duty of investigating all conditions and practices within the State which allegedly detract from the enjoyment, by each inhabitant of the State, of full human rights and personal dignity. Without limiting the generality of the foregoing, it has the duty of investigating all forms of invidious discrimination, whether carried out legally or illegally, and whether by public agencies or private persons. Based on its investigations, it has the further duty to recommend measures calculated to promote the full enjoyment of human rights and personal dignity by all the inhabitants of this State.   [PL 1975, c. 182, §2 (AMD).]
To carry out these duties, the commission shall have the power:   [PL 1971, c. 501, §1 (NEW).]
1.  Office.  To establish and maintain a principal office, and such other offices within the State as it may deem necessary;  
[PL 1971, c. 501, §1 (NEW).]
2.  Meetings.  To meet and function at any place within the State;  
[PL 1971, c. 501, §1 (NEW).]
3.  Personnel.  To appoint a full-time executive director and counsel to the commission, not subject to the Civil Service Law, and determine their remuneration; and to appoint, subject to the Civil Service Law, other personnel including, but not limited to, investigators, attorneys, compliance personnel and secretaries, as it shall deem necessary to effectuate the purposes of this Act;  
[PL 2019, c. 465, §1 (AMD).]
4.  Hearings.  To hold hearings, to administer oaths and to take the testimony of any person under oath. There is no executive privilege in such investigations and hearings, but law enforcement officers, prosecution officers and judges of this State and of the United States are privileged from compulsory testimony or production of documents before the commission. Such hearings and testimony may relate to general investigations concerning the effectiveness of this Act and the existence of practices of discrimination not prohibited by it, as well as to investigations of other alleged infringements upon human rights and personal dignity. The commission may make rules as to the administration of oaths and the holding of preliminary and general investigations by panels of commissioners and by the executive director;  
[PL 2019, c. 465, §2 (AMD).]
4-A.  Subpoena power.  Pursuant to a complaint which has been filed in accordance with section 4611 by a person who has been subject to unlawful discrimination, the commission may issue subpoenas; as provided in subsection 4‑B, to compel access to or production of premises, records, documents and other evidence or possible sources of evidence or the appearance of persons, provided that there is reasonable cause to believe that those materials or the testimony of the persons are material to the complaint. The commission may not issue subpoenas except as provided in this subsection.  
[PL 1977, c. 648, §1 (NEW).]
4-B.  Subpoenas; contest of validity.  If a subpoena is issued, notice must be given to the person who is alleged to have engaged in the unlawful discrimination. The person upon whom the subpoena is served may contest its validity. A judicial review of the subpoenas is permissible in any Superior Court;  
[PL 1993, c. 303, §1 (AMD).]
5.  Services.  To utilize voluntary and uncompensated services of private individuals and organizations as may from time to time be offered and needed;  
[PL 1971, c. 501, §1 (NEW).]
6.  Advisory groups.  To create local or statewide advisory agencies and conciliation councils to aid in effectuating the purposes of this Act. The commission may study or may empower these agencies and councils to study the problems of discrimination in all or specific fields of human relationships when based on protected class characteristics, membership or status, and foster good will among the groups and elements of the population of the State. Agencies and councils may make recommendations to the commission for the development of policies and procedures. Advisory agencies and conciliation councils created by the commission must be composed of representative citizens serving without pay, but with reimbursement for actual and necessary traveling expenses;  
[PL 2019, c. 465, §3 (AMD).]
7.  Rules and regulations.  To adopt, amend and rescind rules and regulations to effectuate this Act, such adoption, amendment and rescission to be made in the manner provided by chapter 375, subchapter 2. Rules adopted to implement section 4553‑A are major substantive rules as defined in chapter 375, subchapter 2‑A;  
[PL 2007, c. 385, §5 (AMD).]
8.  Appearance.  To appear in court and before other administrative bodies by its own attorneys;  
[PL 1971, c. 501, §1 (NEW).]
9.  Notices and forms.  To require the posting of notices or the adoption of forms by businesses subject to this Act, to effectuate the purposes of this Act;  
[PL 1971, c. 501, §1 (NEW).]
10.  Publications.  To publish results of investigations and research to promote good will and minimize or eliminate discrimination based on protected class characteristics, membership or status;  
[PL 2019, c. 465, §4 (AMD).]
11.  Reports.  To report to the Legislature and the Governor at least once a year describing the investigations, proceedings and hearings the commission has conducted and the outcome and other work performed by the commission, and to make recommendations for further legislation or executive action concerning abuses and discrimination based on protected class characteristics, membership or status, or other infringements on human rights or personal dignity; and  
[PL 2019, c. 465, §5 (AMD).]
12.  Other acts.  To do such other things as are set out in the other subchapters, and everything reasonably necessary to perform its duties under this Act.  
[PL 1971, c. 501, §1 (NEW).]
SECTION HISTORY
PL 1971, c. 501, §1 (NEW). PL 1973, c. 347, §§2-4 (AMD). PL 1973, c. 705, §§2-4 (AMD). PL 1975, c. 182, §2 (AMD). PL 1975, c. 355, §§2-4 (AMD). PL 1975, c. 358, §§3-5 (AMD). PL 1975, c. 770, §§29-31 (AMD). PL 1977, c. 648, §1 (AMD). PL 1977, c. 674, §8 (AMD). PL 1977, c. 694, §29 (AMD). PL 1983, c. 550, §1 (AMD). PL 1985, c. 785, §B36 (AMD). PL 1991, c. 99, §§3-5 (AMD). PL 1993, c. 303, §1 (AMD). PL 2005, c. 10, §§7-9 (AMD). PL 2007, c. 385, §5 (AMD). PL 2019, c. 465, §§1-5 (AMD).
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Notes of Decisions
Cited in 12 cases (4 in the last 5 years), 1978–2024 · leading case: Watt v. UniFirst Corp., 2009 ME 47 (Me. 2009).
Sort: Relevance Newest Treatment
Watt v. UniFirst Corp., 2009 ME 47 (Me. 2009). · cites it 4× “Accordingly, we defer to and will apply the standard adopted by the MHRC.”
Fuhrmann v. Staples the Off. Superstore East, Inc., 58 A.3d 1083 (Me. 2012). · cites it 2× “[¶ 30] The Commission is the state agency that administers the MHRA, see 5 M.R.S. § 4566 (2011); Watt v. UniFirst Carp.”
Lorraine Scamman v. Shaw's Supermarkets, Inc., 2017 ME 41 (Me. 2017). · cites it 2× “5 M.R.S. § 4566 (2016). To achieve those goals, it has the power to hold evidentiary hearings, adopt rules and regulations,' publish results of investigations, report to the legislative and executive branches, ánd do “everything reasonably necessary to perform its duties under”…”
Maine Human Rights Comm'n v. Local 1361, United Paperworkers Int'l Union AFL-CIO, 383 A.2d 369 (Me. 1978). · cites it 2× “" 5 M.R.S.A. § 4566(7). Pursuant to this authorization the Commission promulgated its Employment Guidelines, correctly recognizing that consistent with the public policy underlying the Act (as expressed in § 4552), and with firmly established principles for the interpretation of…”
Judkins v. Saint Joseph's Coll. of Maine, 483 F. Supp. 2d 60 (D. Me. 2007). “*66 5 M.R.S.A. § 4566 (emphasis added). From this section, it is evident that the intended focus of the Maine Human Rights Commission is discrimination occurring within Maine and affecting Maine residents.”
LaPlante v. United Parcel Serv., Inc., 810 F. Supp. 19 (D. Me. 1993). “Under the procedural regulations adopted pursuant to 5 M.R.S.A. § 4566(7), UPS had the right to make a response to the Commission investigator’s report before the Commission decided whether there was probable cause to believe that prohibited conduct had occurred.”
Whitney v. Wal-Mart Stores, Inc., 2006 ME 37 (Me. 2006). · cites it 2× “5 M.R.S. § 4566. To that end, the Commission is also vested with the power to promulgate rules and regulations to effectuate the provisions of the MHRA.”
Lorraine Scamman v. Shaw's Supermarkets, Inc., 2017 ME 41 (Me. 2017). · cites it 2× “To achieve those goals, it has the power to hold evidentiary hearings, adopt rules and regulations, publish results of investigations, report to the legislative and executive branches, and do “everything reasonably necessary to perform its duties under” the MHRA.”
Crosspoint Church v. Makin (D. Me. 2024). · cites it 2× “Douglas are Commissioners of the Maine Human Rights Commission, an agency of the state of Maine, created and empowered under 5 M.R.S. § 4566 to “investigat[e] all forms of invidious discrimination, whether carried out legally or illegally, and whether by public agencies or…”
St Dominic Academy v. Makin (D. Me. 2024). · cites it 2× “Jefferson Ashby, Edward David, Julie Ann O’Brien, Mark Walker, and Thomas Douglas are members of the Maine Human Rights Commission (MHRC), an agency of the state of Maine, created and empowered under 5 M.R.S. § 4566 to “investigat[e] all forms of invidious discrimination,…”
Beers v. Mentor Abi LLC (D. Me. 2021). “” 5 M.R.S. § 4566. Here, although Beers is a Maine resident, her employment with NeuroInternational was in New Hampshire.”
Covenant Health, Inc. v. The Maine Human Rights Comm'n (Me. Super. Ct 2021). “5 M.R.S. § 4566 (emphasis added). Italicized above, and crucial to this case, is the declaration that the Commission is tasked with investigating both legal and illegal forms of discrimination.”
— Me. Rev. Stat. tit. 5, § 4566(4) — 2 cases
Lorraine Scamman v. Shaw's Supermarkets, Inc., 2017 ME 41 (Me. 2017). “5 M.R.S. § 4566 (2016). To achieve those goals, it has the power to hold evidentiary hearings, adopt rules and regulations,' publish results of investigations, report to the legislative and executive branches, ánd do “everything reasonably necessary to perform its duties under”…”
Lorraine Scamman v. Shaw's Supermarkets, Inc., 2017 ME 41 (Me. 2017). “To achieve those goals, it has the power to hold evidentiary hearings, adopt rules and regulations, publish results of investigations, report to the legislative and executive branches, and do “everything reasonably necessary to perform its duties under” the MHRA.”
— Me. Rev. Stat. tit. 5, § 4566(7) — 3 cases
Watt v. UniFirst Corp., 2009 ME 47 (Me. 2009). “Accordingly, we defer to and will apply the standard adopted by the MHRC.”
Maine Human Rights Comm'n v. Local 1361, United Paperworkers Int'l Union AFL-CIO, 383 A.2d 369 (Me. 1978). “" 5 M.R.S.A. § 4566(7). Pursuant to this authorization the Commission promulgated its Employment Guidelines, correctly recognizing that consistent with the public policy underlying the Act (as expressed in § 4552), and with firmly established principles for the interpretation of…”
LaPlante v. United Parcel Serv., Inc., 810 F. Supp. 19 (D. Me. 1993). “Under the procedural regulations adopted pursuant to 5 M.R.S.A. § 4566(7), UPS had the right to make a response to the Commission investigator’s report before the Commission decided whether there was probable cause to believe that prohibited conduct had occurred.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.