Current through March 20, 2024
Authority: IC 22-9-1-6
Affected: IC 22-9-1-2; IC 22-9-1-3
Sec. 2.
(a) If a respondent chooses to defend against a complaint, the director shall initiate a full investigation of such complaint. Based on the results of the investigation, the director shall determine whether probable cause exists.
(b) If the director or deputy director issues a finding of probable cause or if the commission issues a finding of probable cause pursuant to an appeal under subsection (d), notice of such finding shall be served on all parties and a presiding officer shall be appointed.
(c) If the director or deputy director issues a finding of no probable cause, notice of such finding shall be served upon all parties.
(d) The director or deputy director shall issue a written finding that complainant did not proceed if the director or deputy director finds that dismissal of the complaint will serve the public interest and further finds that, after reasonable effort by the commission's staff:
(1) the complainant has unreasonably failed to cooperate with the commission's staff; or
(2) the commission's staff has been unable to locate the complainant.
(e) The director or deputy director shall issue a finding of lack of jurisdiction if the commission lacks jurisdiction over:
(1) a person necessary to the just adjudication of the case;
(2) the subject matter of the complaint; or
(3) the particular case.
(f) The director or deputy director may issue a finding of administrative dismissal if the director or deputy director finds that dismissal of a complaint will serve the public interest and further finds that:
(1) each respondent in a case has received a discharge of its debts under the United States Bankruptcy Code and that such discharge is effective to discharge all monetary claims under the Indiana Civil Rights Law;
(2) there is no substantial likelihood of payment of relief that has been or may be ordered by the commission; or
(3) the complainant has failed to present a claim with substantial likelihood of merit.
(g) A party who is aggrieved by a finding of the director or the deputy director, other than a finding of probable cause, may file, within fifteen (15) days after receipt of notice of such finding, a written appeal of such finding with the commission. Notice of the right to appeal and of the aggrieved party's right to submit additional documentary evidence shall be contained in the notice of each appealable finding issued by the director or deputy director.
(h) The chair shall appoint a commissioner to review and rule on each appeal. The reviewing commissioner shall base his or her decision on the investigation results submitted by the director or deputy director as supplemented by any other documentary evidence submitted by the parties, including the following:
(1) If the reviewing commissioner, or the commission, determines that a finding of no probable cause might be reversed, each respondent shall be notified of such determination and allowed fifteen (15) days to object in writing. If the reviewing commissioner, after due consideration of each respondent's written objections, determines that the finding of no probable cause should be reversed, the case shall be processed as if an original finding of probable cause had been made.
(2) If the reviewing commissioner determines that the finding of no probable cause should be upheld, the complaint shall be referred to the commission on such reviewing commissioner's recommendation that the commission adopt the finding of no probable cause. In the event of such a recommendation by the reviewing commissioner, the commission shall consider only evidence submitted to the reviewing commissioner in ruling on an appeal of the director's or deputy director's finding of no probable cause.
(3) If the commission adopts the finding of no probable cause recommended by the reviewing commissioner, the complaint shall be dismissed and the parties shall be served with notice of such finding.
(4) A reviewing commissioner or the commission may decline to adopt or recommend a finding of no probable cause under this section in favor of referral for further investigation specifying in writing the investigatory efforts desired. Such a referral shall have the effect of setting aside the director's or deputy director's finding of no probable cause pending the further investigation requested after which the director or deputy director may once again make a determination whether probable cause exists, taking any new evidence into consideration.
(5) A commissioner who reverses a finding of no probable cause shall take no further part in the proceedings on the complaint that was the subject of the appeal; provided, however, that if disqualification of a commissioner who has reversed a finding of no probable cause would deprive the commission of a quorum, such commissioner need not be disqualified.
(i) The issuance of the following shall result in the dismissal of a complaint, with prejudice, upon the exhaustion of the administrative appeal process:
(1) Finding of no probable cause.
(2) Finding that complainant did not proceed.
(3) Finding of lack of jurisdiction.
(4) Finding of administrative dismissal.
