A. If the human rights office finds that probable cause exists regarding the allegations of the complaint, the human rights office shall notify the complainant and the respondent of the finding. The human rights office shall promptly endeavor to eliminate the discriminatory or unfair practice by conference, conciliation and persuasion.
B. If the human rights office finds that no probable cause exists, the human rights office shall issue a written finding dismissing the complaint and notifying the parties of the complainant’s right to appeal the finding. Notice of the no probable cause determination shall be promptly mailed to the complainant and to the respondent by certified mail or email. Service is effective upon mailing or emailing. The no probable cause determination may also be personally sesrved.
C. A complainant may object to the finding of no probable cause within ten (10) days of service by filing a written request for review that states the basis for the objection. If a complainant makes a timely written request for review of the finding, the human rights office shall hear the complainant’s evidence within thirty (30) days of the request for review. If no probable cause is again the finding after further review by the human rights office, the human rights office shall notify the complainant in writing of the decision, and shall close the file. If the human rights office finds probable cause after review, the human rights office shall proceed with efforts to eliminate the discriminatory or unfair practice by conference, conciliation and persuasion.
D. In the area of housing, the commission shall determine based on the facts whether probable cause exists to believe that a discriminatory housing or real estate practice has occurred or is about to occur. The commission shall make this determination not later than one hundred (100) days after a complaint is filed unless any of the following applies:
1. It is impracticable to make the determination within that time period.
2. The commission has approved a mediation agreement relating to the complaint.
3. If it is impracticable to make the determination within the time period provided by this subsection, the commission shall notify the complainant and respondent in writing of the reasons for the delay.
4. The final administrative disposition of a complaint shall be made within one year of the date of receipt of the complaint, unless it is impracticable to do so. If final administrative disposition within one year is impracticable, the human rights coordinator shall notify the complainant and respondent in writing. (Ord. 94-3647, 11-8-1994; amd. Ord. 12-4484, 5-15-2012; Ord. 15-4650, 12-15-2015; Ord. 21-4845, 1-19-2021)