(1) The department shall conclude the administrative proceedings and issue a notice of dismissal and right to sue if:

(a) the department determines that it lacks jurisdiction over the allegations of the complaint;

(b) the charging party fails to cooperate in the investigation of the complaint or fails to keep the department

advised of changes in address;

(c) the department determines that the allegations of the complaint are not supported by a preponderance of the evidence; or

(d) the department determines that it will not or cannot hold a hearing on the complaint within 12 months of the filing date, pursuant to 49-2-509 (3) (d) , MCA, and the parties do not permit the department to retain jurisdiction as provided in 49-2-505 (2) , MCA.

(2) A complaint may be dismissed prior to investigation if the charging party does not allege facts which, at a minimum, constitute a short and plain statement of the claim showing that the charging party is entitled to relief under Title 49, chapters 2 and 3, MCA, and has not timely amended the complaint to state a valid claim.

(3) At any time after a complaint is filed, the department may issue a notice of dismissal and right to sue without prejudice if the parties and issues before the department are also before a court of competent jurisdiction and the court's decision will be determinative of the issues before the department. If the court later finds that it does not have jurisdiction over a case in which the notice of dismissal and right to sue was issued because of the improper issuance of the notice, the charging party may apply to reopen the complaint before the department.