Mich. Admin. Code R. 37.4

Current through Vol. 24-19, November 1, 2024

Section R. 37.4 - Complaints

Rule 4.

(1) A person claiming to be aggrieved by unlawful discrimination may personally, or through counsel or other agent, submit a complaint to the department.

(2) A commissioner, director, or agent authorized by the commission or director, may initiate, make, sign, and file a complaint in the public's interest.

(3) Assistance in drafting and filing a complaint must be available without charge at all department offices.

(4) A certified complaint must be in writing, dated, and include all of the following:

(a) The full name and address of the claimant and his or her agent, if any.

(b) The full name and address of the respondent.

(c) The alleged discrimination and a detailed statement describing it.

(d) The date, dates, or range of dates of the alleged discrimination and whether the alleged discrimination is of a continuous nature.

(e) The claimant's signature.

(5) The complaint must be filed with the department at 1 of its offices.

(6) The complaint must be filed within 180 days after the date of the alleged discrimination, or within 180 days after the date when the alleged discrimination was or should have been discovered. If the alleged discrimination is of a continuous nature, the date of the discrimination is any date after the commencement of the discrimination, up to and including the date upon which the discrimination ceased.

(7) The complaint may be filed by personal delivery, mail, or electronic service, and addressed or emailed to 1 of the department's offices.

(8) Complaint forms may be obtained at any of the offices of the department.

(9) A copy of the complaint filed by the claimant must be delivered or mailed to the respondent.

(10) The department may require answers to interrogatories, order the submission of books, papers, records, and other materials pertinent to a complaint, and require the attendance of witnesses, administer oaths, take testimony, and compel, through court authorization, compliance with its orders or an order of the commission.

(11) A complaint, or part of a complaint, may only be withdrawn with written consent of the commission or department upon conditions considered proper under the circumstances.

Mich. Admin. Code R. 37.4

1979 AC; 2023 MR 10, Eff. 5/16/2023