Section 46-04-01-08 - Investigation and disposition1. Pursuant to North Dakota Century Code section 14-02.4-22, the department shall investigate allegations of discriminatory practices. 2. An investigation may include, subject to reasonable notice to the parties, onsite visits, interviews, fact-finding conferences, and the obtaining of records and other information as is reasonably necessary to investigate the complaint or charge of discrimination. 3. A party's unjustified failure to cooperate with the department's reasonable investigative request may result in the department concluding its investigation based on such other information as is available to the department. A party's unjustified failure to cooperate with the reasonable investigative request may also result in the issuance of a subpoena or subpoena duces tecum. 4. Unless the matter is otherwise resolved, upon completing its investigation the department shall determine from the evidence obtained whether probable cause exists to believe that a discriminatory practice has occurred. The determination will include a brief statement of the reasons for the department's conclusions and will be mailed to all parties. 5. If the department determines that probable cause exists to believe that a discriminatory practice has occurred or is occurring and is unable to resolve the complaint through informal negotiations or conciliation, the aggrieved person will be offered an administrative hearing at no cost. If the aggrieved person requests an administrative hearing, the department participates in the hearing in an attempt to obtain appropriate relief on behalf of the aggrieved person. The attorney general represents the department in such proceedings. An aggrieved person has the right to intervene; however, if an aggrieved person wishes to be represented by an attorney at the administrative hearing, it will be at the person's own expense. 6. The aggrieved person will be notified in writing of the person's option to request an administrative hearing. The aggrieved person must contact the department within twenty days from receipt of the determination to elect an administrative hearing. Reasonable extensions will be considered if the request is made within the twenty-day period. 7. If the aggrieved person does not elect an administrative hearing offered by the department, the aggrieved person may bring a civil action in state district court. The aggrieved person is responsible for the person's own representation in a state district court action. 8. On all complaints or charges of discrimination filed under the Act, it is the department's goal to determine whether or not probable cause exists within one hundred eighty days unless it is impracticable to do so. If the department is unable to make its determination within one hundred eighty days, it shall notify the parties of the reasons for delay. 9. The department may dismiss or administratively close a complaint or charge of discrimination prior to the completion of its investigation if: a. The matter is resolved through informal negotiations; b. The complaint or charge of discrimination is withdrawn by the complainant or charging party; c. The complainant or charging party fails to cooperate with the department during the investigation, subject to the department providing notification by certified mail, of the need to cooperate or provide required information, or both, within thirty days of the notice; d. The department is unable to locate the complainant or charging party; or e. The complaint or charge of discrimination is deferred to a federal agency for investigation under the terms of a work-sharing agreement between the department and the federal agency. 10. The department shall notify the complainant or charging party and respondent of any dismissal or administrative closure of a complaint or charge of discrimination. N.D. Admin Code 46-04-01-08
Effective October 1, 2008.General Authority: NDCC 14-02.4-22
Law Implemented: NDCC 14-02.4-23