The complaint shall be investigated promptly by a deputy commissioner or other officer of the department delegated by the commissioner or his duly authorized representative. If the investigating officer shall determine that the complaint does not state facts sufficient to constitute a charge of unlawful discriminatory practice or, after investigation, that probable cause does not exist for crediting the allegations of the complaint, he shall so advise the commissioner who, in his discretion, may issue and cause to be served on the complainant and the respondent hospital governing body a notice of dismissal of the complaint.
N.Y. Comp. Codes R. & Regs. Tit. 10 § 95.3