Current through Register Vol. 48, No. 38, September 20, 2024
a) Notice.
As part of its investigation, the Department may convene a fact-finding
conference for the purpose of obtaining evidence, identifying the issues in
dispute, ascertaining the positions of the parties and exploring the
possibility of a negotiated settlement. Notice of the conference shall be given
to all parties at least ten days prior thereto, and shall identify the
individuals requested to attend on behalf of each party. These time provisions
may be waived by agreement of the parties and the Department.
b) Attorneys, Witnesses. A party may be
accompanied at a fact-finding conference by his/her attorney or other
representative, and by a translator if necessary. An attorney for a party not
previously having entered an appearance must do so at the beginning of the
conference. The parties may bring witnesses to the conference in addition to
those whose attendance is mandated by the Department.
c) Conduct. The investigator or other
employee of the Department shall conduct the conference and control the
proceedings. No tape recording, stenographic report or other verbatim record of
the conference can be made. The investigator shall decide which witnesses shall
be heard and the order in which they are heard. The investigator may exclude
witnesses and other persons from the conference, except that each party and one
representative and a translator shall be permitted to remain.
d) Dismissal or Default for Non-attendance.
1) For charges filed before January 1, 1996,
the failure of a party to attend the conference without good cause after due
notice may result in dismissal of the charge pursuant to Section
2520.560 of this Part,
in the case of a complainant, or default pursuant to Section
2520.570 of this Part, in
the case of a respondent. For charges filed on or after January 1, 1996, the
failure of a party to attend the conference without good cause after due notice
shall result in dismissal of the charge pursuant to Section
2520.560 of this Part,
in the case of a complainant, or default pursuant to Section
2520.570 of this Part, in
the case of a respondent.
2) A
party who appears at the conference exclusively through an attorney or other
representative unfamiliar with the events at issue shall be deemed to have
failed to attend, unless, with respect to a respondent, it establishes that it
does not employ or control any person with knowledge of the events at
issue.
3) Failure to Appear
A) Pursuant to this Section and Section
7A-102(C)(4) of the Act, good cause for failing to attend the fact-finding
conference may include, but shall not be limited to:
i) death or sudden, serious illness of a
party scheduled to attend the fact finding conference; or
ii) death or sudden, serious illness of an
immediate family member of a party scheduled to attend the fact finding
conference; or
iii) the party acted
with due diligence and was not deliberate or contumacious and did not
unwarrantedly disregard the fact-finding conference process, as supported by
affidavit or other evidence; or
iv)
circumstances beyond the non-attending party's control, as supported by
affidavit or other evidence.
B) If more than one person from a party is
scheduled to attend the fact-finding conference, the inability of one person to
attend shall not constitute good cause for failure of other persons to
attend.
4) In assessing
good cause, the factors which the Department may consider shall include, but
shall not be limited to, whether the party has provided timely notice of its
inability to attend the fact-finding conference and whether the party has
complied with the Department's request for documentation of the reason for not
attending the conference.
5)
Whether good cause exists and whether a fact-finding conference is rescheduled
are in the sole discretion of the Department.
