(a) If after investigation there is a determination that there is no reasonable cause to believe that an unfair practice under this division has been, is being or is about to be committed, the complaint shall be dismissed and parties to the complaint shall be notified of this action. If a complainant expresses a desire to file an appeal, the director must allow the complainant reasonable access to review, but not copy, non-confidential materials in the case file. The determination of what is considered confidential shall be made by the director or director’s designee.
(b) The complainant may appeal a no reasonable cause determination to the Commission within 20 days of the date the determination is signed by the director by filing a written statement of appeal with the director.
(1) The director must receive the written statement within 20 days of the date that the decision was issued. If the director does not receive the written appeal within 20 days the case will be dismissed and the same shall be entered on the records of the department.
(2) The only grounds for appeal of a no reasonable cause determination is that the evidence in the case file does not support the no reasonable cause decision. The appeal letter must contain a written statement describing the reasons for the appeal, a description of the evidence in the case file that the complainant believes the commission should consider, and why consideration of that evidence should have resulted in a reasonable cause determination.
(c) The director shall promptly notify the commission and respondent of the appeal. Within ten days after being notified of the appeal, the respondent can file a statement of why the no reasonable cause determination should be upheld. The respondent will not be granted access to review the materials in the case file.
(d) The commission can only consider whether the evidence in the case file supports the director’s finding. The commission does not re-investigate the complaint or look at new information.
(e) The commission shall promptly consider and act upon such appeal by (1) affirming the director’s determination; (2) reversing the decision and directing the director to enter a cause determination; or (3) if the commission believes the director should investigate further, remand the complaint to the director with a request for specific further investigation.
(f) In the event no appeal is taken, or such appeal results in affirmance or if the Commission has not decided the appeal within 60 days from the date the appeal statement is filed, the determination of the director shall be final and the complaint deemed dismissed and the same shall be entered on the records of the Department. Any party aggrieved by the final dismissal may appeal the order to an appropriate court.
(Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)