(1) The issuance of a right to sue letter pursuant to ARM 24.9.222, 24.9.225, or 24.9.262A shall constitute the completion of the administrative process with regard to any complaint of discrimination in which a right to sue letter is issued.
(2) A party who is dissatisfied with a decision to issue a right to sue letter may seek commission review of the decision by filing or mailing a written objection within 14 days after the decision is served. The date of mailing will be established by U. S. postal service postmark. Briefs are not required. A party who makes an objection and wishes to file a supporting brief must file and serve an original and six copies of the brief within five days of filing or mailing the objection. Any opposing party who wishes to file an answer brief must file and serve an original and six copies of the brief within ten days of service of the initial brief. A party making an objection who wishes to file a reply brief must file and serve an original and six copies of the brief within ten days of service of an answer brief. If a party making an objection does not file a supporting brief, any opposing party may request permission from the department to file a brief in opposition to the objection. The objection will be considered at the next commission meeting after conclusion of the briefing schedule. Consideration of the objection will be based upon the written record unless oral argument is requested and authorized by the commission.
(3) Briefs on objections to the issuance of a right to sue letter may not exceed ten pages in length. Each party's brief should provide copies of any specific exhibits from the record which the party believes are essential for the commission to read. Requests for oral argument must be made in writing at the time of filing the first brief of each party. If the request is contained in a brief, the caption should indicate that oral argument is requested. If a request for oral argument is timely made, ten minutes for each party will be reserved for oral argument during the commission meeting at which the objection will be considered.
(4) If the commission sustains the objections to the issuance of a right to sue letter, it will reopen the case before the commission by remanding the case to the department for further investigation or to be certified for hearing.
(5) If the commission affirms the issuance of the right to sue letter, it will notify the parties of its decision in writing. The complainant will have 90 days after receipt of the commission's order affirming the issuance of the right to sue letter to petition the district court for appropriate relief.
(6) If the court later finds that it does not have jurisdiction over the case in which the right to sue letter was issued because of the improper issuance of the letter, then the charging party may apply to reopen the complaint before the commission.