Or. Admin. Code § 839-003-0215
Current through Register Vol. 63, No. 11, November 1, 2024
Section 839-003-0215 - Administrative Dismissal of a Housing Discrimination Complaint(1) The division will dismiss the complaint if it determines that the bureau has no jurisdiction over the allegations of the complaint. (2) If an aggrieved person or the aggrieved person's attorney fails to cooperate with the division, the division may dismiss the complaint. (3) The aggrieved person will 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. (4) The division will dismiss a complaint unless substantial evidence of unlawful practices is found. The division will provide written notice of such dismissal to the aggrieved person and respondent. (5) The division cannot issue a finding of substantial evidence of discrimination after an aggrieved person has filed a civil action alleging the same matters as provided in OAR 839-003-0235, and the trial for the civil action has commenced. (6) The division will dismiss complaints alleging discrimination under the federal Fair Housing Act (42 U.S.C. 3601 - 3614 a) administered by the U.S. Department of Housing and Urban Development in accordance with federal requirements. (7) The division will notify the aggrieved person in writing of the right to file a civil action in state court, as provided in ORS 659A.870 to 659A.885, when a complaint is dismissed by the division. An aggrieved person filing a civil action against a public body must also file a tort claim notice as required by ORS 30.275. Or. Admin. Code § 839-003-0215
BLI 36-2007, f. 12-27-07 cert. ef. 1-1-08; 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.145, 659A.421, 659A.835, 659A.850 & 659A.870 - 659A.885