North Dakota Administrative Code › Title 46 - Labor Commissioner › Article 46-04 - Human Rights › Chapter 46-04-01 - Human Rights Practice and Procedure › Section 46-04-01-08 - Investigation and disposition

Current through Supplement No. 393, July, 2024
1. Pursuant to
				North Dakota Century Code section
				14-02.4-22, the department shall
				investigate allegations of discriminatory practices.
2. An investigation may include, subject to
				reasonable notice to the parties, onsite visits, interviews, fact-finding
				conferences, and the obtaining of records and other information as is
				reasonably necessary to investigate the complaint or charge of discrimination.
3. A party's unjustified failure
				to cooperate with the department's reasonable investigative request may result
				in the department concluding its investigation based on such other information
				as is available to the department. A party's unjustified failure to cooperate
				with the reasonable investigative request may also result in the issuance of a
				subpoena or subpoena duces tecum.
4. Unless the matter is otherwise resolved,
				upon completing its investigation the department shall determine from the
				evidence obtained whether probable cause exists to believe that a
				discriminatory practice has occurred. The determination will include a brief
				statement of the reasons for the department's conclusions and will be mailed to
				all parties.
5. If the department
				determines that probable cause exists to believe that a discriminatory practice
				has occurred or is occurring and is unable to resolve the complaint through
				informal negotiations or conciliation, the aggrieved person will be offered an
				administrative hearing at no cost. If the aggrieved person requests an
				administrative hearing, the department participates in the hearing in an
				attempt to obtain appropriate relief on behalf of the aggrieved person. The
				attorney general represents the department in such proceedings. An aggrieved
				person has the right to intervene; however, if an aggrieved person wishes to be
				represented by an attorney at the administrative hearing, it will be at the
				person's own expense.
6. The
				aggrieved person will be notified in writing of the person's option to request
				an administrative hearing. The aggrieved person must contact the department
				within twenty days from receipt of the determination to elect an administrative
				hearing. Reasonable extensions will be considered if the request is made within
				the twenty-day period.
7. If the
				aggrieved person does not elect an administrative hearing offered by the
				department, the aggrieved person may bring a civil action in state district
				court. The aggrieved person is responsible for the person's own representation
				in a state district court action.
8. On all complaints or charges of
				discrimination filed under the Act, it is the department's goal to determine
				whether or not probable cause exists within one hundred eighty days unless it
				is impracticable to do so. If the department is unable to make its
				determination within one hundred eighty days, it shall notify the parties of
				the reasons for delay.
9. The
				department may dismiss or administratively close a complaint or charge of
				discrimination prior to the completion of its investigation if:
a. The matter is resolved through informal
				negotiations;
b. The complaint or
				charge of discrimination is withdrawn by the complainant or charging party;
c. The complainant or charging
				party fails to cooperate with the department during the investigation, subject
				to the department providing notification by certified mail, of the need to
				cooperate or provide required information, or both, within thirty days of the
				notice;
d. The department is
				unable to locate the complainant or charging party; or
e. The complaint or charge of discrimination
				is deferred to a federal agency for investigation under the terms of a
				work-sharing agreement between the department and the federal agency.