Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 3 - CIVIL RIGHTS COMPLAINT PROCEDURES › Section 839-003-0065 - Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(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 -
			 3614
			 a). 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.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.800,
				  659A.805,
				  659A.835,
				  659A.870 -
				  659A.885