US Laws, Codes, Statutes & Cases

 
    §  8-113  Dismissal  of  complaint.  a.  The  commission  may,  in its
  discretion, dismiss a complaint for administrative  convenience  at  any
  time  prior  to  the  taking  of  testimony at a hearing. Administrative
  convenience  shall  include,  but  not  be  limited  to,  the  following
  circumstances:
    (1)  commission  personnel  have been unable to locate the complainant
  after diligent efforts to do so;
    (2) the complainant has repeatedly failed to appear at mutually agreed
  upon appointments with commission personnel or is unwilling to meet with
  commission personnel, provide requested documentation, or  to  attend  a
  hearing;
    (3)  the  complainant  has  repeatedly  engaged  in  conduct  which is
  disruptive to the orderly functioning of the commission;
    (4) the complainant is  unwilling  to  accept  a  reasonable  proposed
  conciliation agreement;
    (5)  prosecution  of the complaint will not serve the public interest;
  and
    (6) the complainant requests such dismissal, one hundred  eighty  days
  have  elapsed  since the filing of the complaint with the commission and
  the commission finds (a)  that  the  complaint  has  not  been  actively
  investigated,  and (b) that the respondent will not be unduly prejudiced
  thereby.
    b.  The  commission  shall  dismiss  a  complaint  for  administrative
  convenience  at  any  time  prior  to  the  filing  of  an answer by the
  respondent, if the  complainant  requests  such  dismissal,  unless  the
  commission  has  conducted  an  investigation  of  the  complaint or has
  engaged the parties in conciliation after the filing of the complaint.
    c. In accordance with the rules  of  the  commission,  the  commission
  shall   dismiss   a  complaint  if  the  complaint  is  not  within  the
  jurisdiction of the commission.
    d. If after investigation  the  commission  determines  that  probable
  cause  does  not  exist to believe that the respondent has engaged or is
  engaging  in  an  unlawful  discriminatory  practice  or   an   act   of
  discriminatory  harassment  or  violence  as set forth in chapter six of
  this title, the commission  shall  dismiss  the  complaint  as  to  such
  respondent.
    e.  The  commission  shall promptly serve notice upon the complainant,
  respondent and any necessary party of any  dismissal  pursuant  to  this
  section.
    f.  The  complainant  or  respondent  may,  within thirty days of such
  service, and in accordance with the rules of the  commission,  apply  to
  the  chairperson  for  review of any dismissal pursuant to this section.
  Upon such application, the chairperson  shall  review  such  action  and
  issue  an  order affirming, reversing or modifying such determination or
  remanding the matter for further investigation and  action.  A  copy  of
  such  order  shall  be  served  upon the complainant, respondent and any
  necessary party.