Or. Admin. R. 839-003-0050
Current through Register Vol. 63, No. 6, June 1, 2024
Section 839-003-0050 - Administrative Dismissal(1) This section 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). Administrative dismissal of a housing discrimination complaint is addressed in OAR 839-003-0215. (2) The division will dismiss the complaint if it determines that the bureau has no jurisdiction over the allegations of the complaint. (3) The division may dismiss the complaint if the aggrieved person files a proceeding, based on the same set of facts, with another state or federal agency having the authority to provide remedy to the aggrieved person for the alleged discrimination. (4) If an aggrieved person or the aggrieved person's attorney fails to cooperate with the division, the division may dismiss the complaint. (5) The aggrieved person must notify the division in writing of address and telephone number changes. When an aggrieved person cannot be located by reasonable efforts, the division may dismiss the complaint. (6) The division will dismiss a complaint unless substantial evidence of unlawful discrimination is found. Such dismissal notice will include a statement that the complaint has been dismissed and a notice of the aggrieved person's right to file a civil action, if such right exists. (7) The division will dismiss complaints alleging violation of federal discrimination statutes administered by EEOC (see OAR 839-003-0015) in accordance with federal requirements. (8) The division may elect to administratively dismiss a complaint without investigation. In such instances, the division will notify the aggrieved person and respondent of the dismissal and issue notice of the aggrieved person's right to file a civil action, if such right exists. (9) The division will dismiss a complaint if it learns that the aggrieved person has filed a civil action alleging the same matters, as provided in OAR 839-003-0020. Or. Admin. R. 839-003-0050
BL 7-1981, f. & ef. 6-25-81; BL 4-1996, f. & cert. ef. 3-12-96; BLI 11-2000, f. & cert. ef. 3-24-00; BLI 10-2002, f. & cert. ef. 5-17-02; BLI 7-2008(Temp), f. 3-20-08, cert. ef. 3-25-08 thru 9-21-08; Administrative correction 10-21-08; BLI 40-2008(Temp), f. 11-10-08, cert. ef. 11-12-08 thru 5-1-09; BLI 43-2008, f. 12-3-08, cert. ef. 12-5-08; BLI 9-2015, f. & cert. ef. 6/29/2015Stat. Auth.: ORS 659A.805
Stats. Implemented: ORS 30.680, 659A.835, 659A.850 & 659A.870 - 659A.885