2005 Idaho Code - 67-5907 — COMPLAINTS -- PROCEDURE ON COMPLAINT

                                  TITLE  67
                      STATE GOVERNMENT AND STATE AFFAIRS
                                  CHAPTER 59
                          COMMISSION ON HUMAN RIGHTS
    67-5907.  COMPLAINTS -- PROCEDURE ON COMPLAINT. (1) Any person who
believes he or she has been subject to unlawful discrimination, or a member of
the commission, may file a complaint under oath with the commission stating
the facts concerning the alleged discrimination within one (1) year of the
alleged unlawful discrimination.
    (2)  Upon receipt of such a complaint, the commission or its delegated
investigator shall endeavor to resolve the matter by informal means prior to a
determination of whether there are reasonable grounds to believe that unlawful
discrimination has occurred. The commission or its delegated investigator
shall conduct such investigation as may be necessary to resolve the issues
raised by the facts set forth in the complaint.
    (3)  If the commission does not find reasonable grounds to believe that
unlawful discrimination has occurred, it shall enter an order so finding, and
dismiss the proceeding, and shall notify the complainant and the respondent of
its action.
    (4)  If the commission finds reasonable grounds to believe that unlawful
discrimination has occurred, it shall endeavor to eliminate such
discrimination by informal means such as conference, conciliation and
persuasion. No offer or counter offer of conciliation nor the terms of any
conciliation agreement may be made public without the written consent of all
the parties to the proceeding, nor used as evidence in any subsequent
proceeding, civil or criminal. If the case is disposed of by such informal
means in a manner satisfactory to the commission, the commission shall dismiss
the proceeding, and shall notify the complainant and the respondent.
    (5)  If the commission finds reasonable grounds to believe that unlawful
discrimination has occurred, and further believes that irreparable injury or
great inconvenience will be caused the victim of such discrimination if relief
is not immediately granted, or if conciliation efforts under subsection (4)
have not succeeded, the commission may file a civil action seeking appropriate
legal and equitable relief.
    (6)  A complainant may request dismissal  of an administrative complaint
at any time. Dismissals requested before three hundred sixty-five (365)
calendar days from the date of filing of the administrative complaint may be
granted at the discretion of the staff director who will attempt to contact
all parties who have appeared in the proceeding and consider their interests.
After three hundred sixty-five (365) calendar days, if the complaint has not
been dismissed pursuant to subsection (3) of this section or the parties have
not entered into a settlement or conciliation agreement pursuant to subsection
(2) or (4) of this section or other administrative dismissal has not occurred,
the commission shall, upon request of the complainant, dismiss the complaint
and notify the parties.