(a) Where mediation is unsuccessful, the Administrator shall then review the facts related to the Complaint and the Response and any investigatory report(s) and underlying materials to determine if there has been a violation of this chapter. Where the Administrator determines a violation has occurred, the Administrator shall proceed to enforce this chapter as described in Sections 717.08 (f)(4) and 717.10 of this chapter. Where the Administrator determines that no violation under this chapter has occurred, the Administrator shall dismiss the Complaint upon the Administrator's written findings. The Administrator shall promptly serve notice upon the Complainant, Respondent, and any necessary party of any dismissal pursuant to this section.
(b) No person shall knowingly file a Complaint including false or fraudulent information, submitted in bad faith with the intent to defame or to cause other reputational or material harm to an individual, entity or organization (for purposes of this chapter, a "False Complaint"). A determination or finding by the Administrator that a Complaint is unsubstantiated is, alone, insufficient to prove the existence of a False complaint. Upon written findings by the Administrator that a Complainant has filed a False Complaint, the Administrator may impose a civil penalty on the Complainant, as referenced in Section 717.08 (f)(4) of this chapter. (Ord. 112-19. Passed 7-8-19.)