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(1) Within 10 business days of the filing of a complaint, the department shall serve notice of filing upon the parties by certified mail or personal service. The notice shall:

(a) acknowledge the filing of the complaint and state the date that the complaint was filed;

(b) include a copy of the complaint;

(c) advise the parties of the time limits applicable to complaint processing;

(d) in cases filed pursuant to 49-2-305 , MCA (housing cases) , advise the parties of their right to commence a civil action under 49-2-510 (4) (a) , MCA, in an appropriate district court, not later than two years after an alleged unlawful discriminatory practice under 49-2-305 , MCA, occurred or was discovered or within two years of the breach of a conciliation agreement entered into under 49-2-504 (1) (a) , MCA. The notice shall state that the computation of this two-year period excludes any time during which a proceeding is pending under 49-2-510 , MCA, with respect to a complaint based on the alleged discriminatory housing practice. The notice shall also state that the time period includes the time during which an action arising from a breach of a conciliation agreement is pending;

(e) in cases filed pursuant to 49-2-303 , MCA (employment cases) , advise the parties of the respondent's obligation to preserve all personnel records relevant to the complaint until the final disposition of the complaint, pursuant to ARM 24.8.107;

(f) advise the parties of their right to receive a copy of all other information submitted with the complaint and during the investigation and right to review their file; and

(g) advise the parties that retaliation against any person because the person made a complaint or testified, assisted or participated in an investigation, a conciliation, or an administrative proceeding, is a discriminatory practice that is prohibited under 49-2-301 , MCA.

History: 49-2-204, MCA; IMP, 49-2-301, 49-2-303, 49-2-305, 49-2-504 and 49-2-510, MCA; NEW, 2002 MAR p. 2908, Eff. 10/18/02.

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