839-003-0065 Investigations: Employment and Public Accommodation (1) This rule does not apply to housing discrimination complaints under ORS 659A.145 or 659A.421 or the federal Fair Housing Act (42 U.S.C. 3601 – 3614a). Investigation of housing discrimination complaints is addressed in OAR 839-003-0220. (2) The division may investigate the allegations contained in a complaint to determine objectively whether there is substantial evidence of unlawful discrimination. The division will determine the method by which complaints will be investigated or otherwise processed. The division will not investigate allegations occurring more than one year prior to the date the complaint was filed unless the allegations constitute a continuing violation or the circumstances occurring more than one year prior to the date the complaint was filed pertain to timely allegations. (3) The investigation may include interviews with the aggrieved person, the respondent’s representatives, and any other persons whom the division chooses to interview. The investigation may also involve the examination and analysis of written documents. (4) The investigator may audio-record statements with the knowledge of the participants. (5) The respondent has the right to have a representative present during interviews of current supervisory employees. (6) The respondent's current, non-supervisory, or former employees, may request that a representative for the respondent be present during interviews by a division representative. (7) An aggrieved person, respondent or witness interviewed by the division may request a copy of the summary report of the individual's own interview. The division may request that the aggrieved person, respondent or witness confirm by signature that the summary report is an accurate representation of the interview. The aggrieved person, respondent or witness may submit to the division additional comments regarding the interview. (8) The division representative may make written request to the respondent for documents, records, files or other sources of evidence. The respondent will provide such information within 21 days of the date of the division's written request. The division may grant the respondent additional time in which to respond. (9)The division may issue subpoenas compelling division access to premises, records and witnesses. Failure to respond to a subpoena may result in the division making a determination based on available information. (10) Upon conclusion of the investigation, the division will either issue a substantial evidence determination or will dismiss the complaint. The division will mail a copy of the substantial evidence determination or dismissal notice to the aggrieved person and respondent. (11) If the division does not find substantial evidence of unlawful discrimination, the division will dismiss the complaint, notify the aggrieved person and respondent of the dismissal and notify the aggrieved person of the right to file a civil action, if such right exists. (12) If the division finds substantial evidence of unlawful discrimination, the complaint may be assigned to a division representative for settlement. However, the commissioner may proceed directly to a contested case hearing if the interests of justice so require. (13) A substantial evidence determination or dismissal may not be appealed to the division. (14) The division may reopen a case at its own discretion. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.800, 659A.805, 659A.835 & 659A.870 - 659A.885 History: BLI 9-2015, f. & cert. ef. 6-29-15 BLI 43-2008, f. 12-3-08, cert. ef. 12-5-08 BLI 40-2008(Temp), f. 11-10-08, cert. ef. 11-12-08 thru 5-1-09 Reverted to BLI 10-2002, f. & cert. ef. 5-17-02 BLI 7-2008(Temp), f. 3-20-08, cert. ef. 3-25-08 thru 9-21-08 BLI 10-2002, f. & cert. ef. 5-17-02 BLI 11-2000, f. & cert. ef. 3-24-00 BL 2-1998, f. & cert. ef. 2-3-98 BL 4-1996, f. & cert. ef. 3-12-96 BL 2-1993, f. 3-25-93, cert. ef. 4-1-93 BL 12-1992(Temp), f. & cert. ef. 11-3-92 BL 12-1982, f. & ef. 8-10-82 BL 13-1981, f. & ef. 11-18-81 BL 7-1981, f. & ef. 6-25-81