Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 3 - Complaint Process › Rule 161-3.13 - Investigation

Current through Register Vol. 47, No. 3, July 24, 2024
The executive director or designee shall make a prompt
				investigation of the complaint. The administrative law judge may participate in
				the investigation and may direct the investigation. The investigator shall make
				a recommendation to the administrative law judge. The administrative law judge
				shall review the recommendation and issue a determination of probable cause or
				no probable cause for the commission.
(1)
Cause determinations.
After a complaint has been filed, the executive director or a designated staff
			 member shall assign a member of the investigatory staff to make a prompt
			 investigation of the complaint. The investigator may confer with, be assisted
			 by, or be directed by the administrative law judge during the investigation.
			 The administrative law judge may participate in the investigation and engage in
			 ex parte communications with the parties or their counsel. The investigator
			 shall review all of the evidence and make a recommendation of probable cause or
			 no probable cause or other appropriate action to the administrative law judge
			 designated to issue findings. The administrative law judge shall review the
			 case file and issue a determination of probable cause or no probable cause or
			 other appropriate action on behalf of the commission.
(2)
Rejection of investigator's
			 recommendation.
Where the administrative law judge rejects the
			 recommendation of the staff, the reasons shall be stated in writing and placed
			 in the case file.
(3)
Notice of decision.
Both the complainant and respondent may be
			 notified of the decision in writing by regular or certified mail within 15 days
			 of the administrative law judge's decision.
(4)
Conflicts prohibited.
The administrative law judge designated to issue a finding shall not be
			 permitted to serve as administrative law judge in a contested case where that
			 administrative law judge has issued a finding in the same case.
(5)
Administrative closure and
			 satisfactory adjustments.
Designated staff of the commission may rule
			 that a case be "administratively closed" as defined in 161-paragraph
			 2.1(10)
"a, "
where no useful purpose would be served by
			 further action by the commission, such as where the complainant has not been
			 located after diligent efforts, issuance of a right-to-sue letter, or where,
			 after a probable cause decision has been made, it is determined that the record
			 does not justify proceeding to public hearing. Designated staff of the
			 commission may close a case as "satisfactorily adjusted" as defined in
			 161-paragraph 2.1(10)
"d."
This provision does not contemplate
			 administrative closure where an alternative resolution, such as full
			 investigation, is warranted.
(6)
Conciliation.
All cases that result in findings of probable
			 cause shall be assigned to a staff conciliator for the purpose of initiating
			 attempts to eliminate the discriminatory or unfair practice by conference,
			 conciliation, or persuasion. When a conference is held, a synopsis of the facts
			 which led to the finding of probable cause along with written recommendations
			 for resolution will be presented to the respondent.
(7)
Participants.
Both the
			 complainant and respondent shall be notified in writing of the time, date, and
			 location of any conciliation meeting. The complainant may be present during
			 attempts at conciliation.
(8)
Minimum period for conciliation attempts.
Upon the
			 commencement of conciliation efforts, the commission must allow at least 30
			 days for the parties to reach an agreement. Conciliation efforts may be
			 conducted by mail, teleconferencing, or face-to-face meetings with the parties
			 at the discretion of the commission. The mandatory 30-day period for
			 conciliation begins when the complainant and the commission's offer of
			 settlement is communicated to respondent or respondent's attorney. After the
			 passage of 30 days the executive director may order further conciliation
			 attempts bypassed if it is determined that the procedure is unworkable. The
			 director must have the approval of a commissioner before bypassing
			 conciliation.
(9)
Conciliation agreements. A
conciliation agreement shall become
			 effective after it has been signed by the respondent or authorized
			 representative, by the complainant or authorized representative, and by either
			 a commissioner, the executive director or designee on behalf of the commission.
			 Copies of the agreement shall be mailed to all parties.
(10)
Breach of conciliation
			 agreement.
a. At any time in its
			 discretion the commission may investigate whether the terms of a conciliation
			 agreement are being complied with by the respondent. Upon a finding that the
			 terms of the conciliation agreement are not being complied with by the
			 respondent, the commission shall take appropriate action to ensure
			 compliance.
b. Enforcement in
			 court. Appropriate action to ensure compliance as used in the preceding
			 paragraph includes the filing of an action in district court seeking specific
			 performance of the terms of the conciliation agreement or other remedies which
			 may be available.