North Dakota Administrative Code
Title 46 - Labor Commissioner
Article 46-04 - Human Rights
Chapter 46-04-01 - Human Rights Practice and Procedure
Section 46-04-01-06 - Respondent's response

Current through Supplement No. 394, October, 2024

1. The respondents may file a signed written response within twenty days of the date a respondent receives notice of the complaint or charge of discrimination.

2. If the complaint or charge of discrimination is amended, the respondents may file an amended response in the same manner as the original.

3. Department staff shall be available during regular business hours to provide reasonable assistance to respondents in drafting and completing responses.

4. The department may grant an extension of time to file a response upon request by a respondent if such a request is reasonable and not for the purpose of delay.

5. Failure by a respondent to file a response may result in the department concluding its investigation based upon information provided by the complainant or charging party and such other information as is reasonably available to the department.

6. The department may send a followup request for information, to gather additional documentary evidence, and when relevant, to gather comparative information as to how other persons similarly situated were treated by the respondents.

7. Failure by a respondent to provide requested information may result in the department issuing a subpoena or subpoena duces tecum requiring the production of the requested information.

General Authority: NDCC 14-02.4-22

Law Implemented: NDCC 14-02.4-19, 14-02.4-23

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