Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.3 - Conciliation and Settlement › Rule 24.8.301 - VOLUNTARY RESOLUTION AGREEMENTS

Current through Register Vol. 13, July 5, 2024
(1) The
				Human Rights Bureau may undertake efforts to achieve a voluntary resolution of
				the case with the parties. Any voluntary resolution of the complaint agreed to
				by the parties before the Human Rights Bureau begins its informal investigation
				is referred to as a mediation agreement. Any voluntary resolution of a
				complaint agreed to by the parties after the investigation has begun and before
				the Human Rights Bureau issues a finding on the merits of the claim is referred
				to as a settlement agreement. Any voluntary resolution agreed to after the
				Human Rights Bureau issues a reasonable cause finding is referred to as a
				conciliation agreement.
(2) Any
				voluntary resolution agreement reached while the complaint is pending in the
				administrative process, whether mediated by the Human Rights Bureau or agreed
				to by the parties independently, is subject to the provisions of this
				rule.
(3) If the Human Rights
				Bureau issues a reasonable cause finding, it shall attempt to resolve the case
				through conciliation. During conciliation, the Human Rights Bureau may require
				affirmative relief provisions to eliminate the discriminatory practice
				confirmed in the informal investigation. Such affirmative relief provisions may
				include any remedy which could be ordered by the Office of Administrative
				Hearings. If conciliation is not possible, the Human Rights Bureau shall inform
				the parties in writing that the conciliation period is concluded and certify
				the case for hearing, pursuant to
				49-2-505,
				MCA.
(4) No statement made by any
				party in the course of voluntary resolution discussions will be admissible in
				any hearing held concerning the complaint except as provided for by Rule 408,
				M.R.Evid. Agreement to a voluntary resolution of a case does not necessarily
				constitute an admission of violation of any law by the respondent.
(5) A voluntary resolution agreement reached
				by the parties must be in writing, signed by the parties, and approved by the
				Human Rights Bureau. Dismissal of a case based on a voluntary resolution
				agreement shall constitute the end of the administrative process.
(6) A voluntary resolution agreement may
				include terms for monitoring compliance with the agreement, not to extend
				beyond one year from the date of the agreement.
(7) The parties must inform the Human Rights
				Bureau of all terms of any voluntary resolution agreement entered into while
				the complaint is pending in the administrative process. In addition, the
				parties must inform the Human Rights Bureau of all terms of any voluntary
				resolution entered into after a final agency decision has been
				issued.
(8) The Human Rights Bureau
				may refuse to approve a voluntary resolution agreement which does not resolve
				all allegations or remedies for all persons or groups affected by the alleged
				discrimination. Alternatively, the Human Rights Bureau may treat a voluntary
				resolution agreement which does not resolve all allegations or remedies for all
				persons or groups affected by the alleged discrimination as a withdrawal in
				accordance with ARM
				24.8.401, and may initiate the
				complaint as a commissioner complaint for further proceedings.
(9) A conciliation agreement may be enforced
				by the commissioner, the Human Rights Bureau, or by any party in the same
				manner as a final order of the department by seeking appropriate orders in the
				district court, pursuant to
				49-2-508,
				MCA.
49-2-204,
					 49-3-106,
					 MCA; IMP,
					 49-2-504,
					 49-2-505,
					 49-2-508,
					 49-3-315,
					 MCA;