Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.8 - HUMAN RIGHTS BUREAU
Subchapter 24.8.2 - Complaints and Investigations
Rule 24.8.220 - FINDING OF REASONABLE CAUSE OR NO REASONABLE CAUSE AND FINAL INVESTIGATIVE REPORT
Universal Citation: MT Admin Rules 24.8.220
Current through Register Vol. 6, March 22, 2024
(1) Within 120 days (for cases filed pursuant to 49-2-305, MCA) or 180 days (for all other cases, pursuant to 49-2-504, MCA), the Human Rights Bureau will conclude its informal investigation by issuing a written finding in a final investigative report. The finding will include a brief statement of the reasons for the Human Rights Bureau's conclusions and will be mailed to all parties.
(a) If any or all of the allegations of
discrimination contained in the complaint are supported by a preponderance of
the evidence, the Human Rights Bureau will issue a finding of reasonable cause
and the complaint will be certified for hearing, pursuant to
49-2-505,
MCA.
(b) If none of the allegations
of discrimination in the complaint are supported by a preponderance of the
evidence, if the Human Rights Bureau determines that the complaint is untimely,
or if the Human Rights Bureau determines that it lacks jurisdiction over the
complaint, the department will issue a finding of no reasonable cause. A
finding of no reasonable cause will be accompanied by a notice of dismissal and
right to sue in accordance with ARM
24.8.403. After a receipt of a
notice of dismissal and right to sue, a charging party may continue the
administrative process by filing objections with the commission or discontinue
the administrative process and commence proceedings in district court as
provided in
49-2-511,
MCA.
49-2-204, 49-3-106, MCA; IMP, 49-2-305, 49-2-504, 49-2-505, 49-2-511, 49-3-315, MCA;
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