Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.8 - HUMAN RIGHTS BUREAU
Subchapter 24.8.2 - Complaints and Investigations
Rule 24.8.207 - NOTICE OF FILING OF COMPLAINTS
Universal Citation: MT Admin Rules 24.8.207
Current through Register Vol. 18, September 20, 2024
(1) Within ten business days of the filing of a complaint, the Human Rights Bureau shall serve notice of filing upon the parties by mail. The notice shall:
(a) acknowledge the filing of the complaint
and state the date that the complaint was filed;
(b) include a copy of the
complaint;
(c) advise the parties
of the time limits applicable to complaint processing;
(d) in cases filed pursuant to
49-2-305,
MCA (housing cases), advise the parties of their right to commence a civil
action under
49-2-510(4)(a),
MCA, in an appropriate district court, not later than two years after an
alleged unlawful discriminatory practice under
49-2-305,
MCA, occurred or was discovered or within two years of the breach of a
conciliation agreement entered into under
49-2-504(1)(a),
MCA. The notice shall state that the computation of this two-year period
excludes any time during which a proceeding is pending under
49-2-510,
MCA, with respect to a complaint based on the alleged discriminatory housing
practice. The notice shall also state that the time period includes the time
during which an action arising from a breach of a conciliation agreement is
pending;
(e) in cases filed
pursuant to
49-2-303,
MCA (employment cases), advise the parties of the respondent's obligation to
preserve all personnel records relevant to the complaint until the final
disposition of the complaint, pursuant to ARM
24.8.107;
(f) advise the parties of their right to
receive a copy of all other information submitted with the complaint and during
the investigation and right to review their file subject to the provisions of
ARM 24.8.210; and
(g) advise the parties that retaliation
against any person because the person made a complaint or testified, assisted
or participated in an investigation, a conciliation, or an administrative
proceeding, is a discriminatory practice that is prohibited under
49-2-301,
MCA.
49-2-204, 49-3-106, MCA; IMP, 49-2-301, 49-2-303, 49-2-305, 49-2-504, 49-2-510, 49-3-315, MCA;
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