§ 5

Citation: § 5
Parent Document: Grandoit v. Massachusetts Commission Against Discrimination Grandoit v. Boston Housing Authority (2019)
Jurisdiction: Massachusetts (state)
Effective Date: 2019-07-12
Original Source: https://www.courtlistener.com/opinion/4639404/grandoit-v-massachusetts-commis... ↗

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7 Whether a proceeding qualifies as quasi judicial is
governed by a flexible, multifactor test. See Revere v.
Massachusetts Gaming Comm'n, 476 Mass. 591, 600-601 (2017).
Factors indicating that the preliminary hearing is not quasi
judicial include that it is not "preceded by specific charges,"
and the investigating commissioner is not required to take
"sworn testimony by witnesses" or issue "formal findings of
fact." Id. On the other hand, complainants are given the
"opportunity to respond" to the initial finding of no probable
cause, the investigating commissioner is "required to conduct
[an] investigation[] into the" allegations of the complaint, and
the investigating commissioner will then issue an
"individualized determination" that does "not concern a new rule
of general applicability." Id. at 601. Given that the
plaintiff cannot satisfy the other requirements for certiorari
review, we need not resolve this issue.
                                                                   10 prosecutes the discrimination claim").    An investigating

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