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(1) This rule applies when the department issues a right to sue letter pursuant to ARM 24.9.222, 24.9.225, or 24.9.262A.

(2) Each right to sue letter issued by the department shall be issued to the charging party and shall set forth the following information:

(a) A statement of the reasons for issuance.

(b) A notice informing the charging party that in order to pursue the complaint of discrimination, the charging party must petition the district court in the district in which the alleged violation occurred for appropriate relief within 90 days of receipt of the letter. The notice shall conspicuously state that if the charging party fails to file a petition in district court within the 90-day period, the claim shall be barred.

(c) A notice informing the charging party of the court's discretion to award attorney's fees to the prevailing party in a discrimination action in district court.

(d) A notice informing the charging party of the effect of the issuance of the right to sue letter as provided in ARM 24.9.264.

(e) A statement certifying that the requirements for issuance of a right to sue letter have been satisfied.

(3) The respondent shall be notified of the issuance of the right to sue letter by first class mail or hand delivery.

(4) The right to sue letter shall be served upon the charging party either by hand delivery or by certified mail.

History: 49-2-204 and 49-3-106, MCA; IMP, 49-2-509 and 49-3-312, MCA; NEW, 1983 MAR p. 857, Eff. 7/15/83; AMD, 1989 MAR p. 487, Eff. 4/28/89; AMD, 1998 MAR p. 3201, Eff. 12/4/98.

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