Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.8 - HUMAN RIGHTS BUREAU
Subchapter 24.8.4 - Dismissal and Appeal
Rule 24.8.403 - DISMISSAL BY THE HUMAN RIGHTS BUREAU

Universal Citation: MT Admin Rules 24.8.403

Current through Register Vol. 6, March 22, 2024

(1) The Human Rights Bureau shall conclude the department's administrative proceedings and issue a notice of dismissal and right to sue if:

(a) the Human Rights Bureau determines that it lacks jurisdiction or the statutory authority to investigate the allegations of the complaint; or

(b) the Human Rights Bureau determines that the allegations of the complaint are not supported by a preponderance of the evidence.

(2) A complaint may be dismissed prior to investigation if the charging party does not allege facts which, at a minimum, constitute a short and plain statement of the claim showing that the charging party is entitled to relief under Title 49, chapters 2 and 3, MCA, and has not timely amended the complaint to state a valid claim.

49-2-204, 49-3-106, MCA; IMP, 49-2-504, 49-2-511, 49-3-315, MCA;

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