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24.9.218    COMPLAINT, COMMENCEMENT OF INVESTIGATION, MEDIATION

(1) As soon as possible after the complaint is received, it shall be assigned for investigation. The department may contact the charging party (and, in the case of a complaint filed on behalf of anyone, the persons alleged to be aggrieved) to ascertain the basis for the complaint and to inquire as to such additional facts and allegations as may be necessary to amend the complaint into its proper form and to make a determination whether the complaint is supported by substantial evidence. The department may also contact the respondent to obtain the viewpoint of the respondent, to ascertain additional facts, and to assure that the respondent understands the nature of the complaint and the requirements of the law. The department may also inquire into facts to determine whether the commission has jurisdiction over the complaint.

(2) The department may undertake efforts to achieve a voluntary resolution of the case through mediation with the parties. Any settlement of a case at any stage, whether mediated by the department or reached by the parties independently, is subject to the provisions of ARM 24.9.226.

History: 49-2-204 and 49-3-106, MCA; IMP, 2-4-603, 49-2-504, and 49-3-307, MCA; NEW, Eff. 1/2/77; AMD, 1987 MAR p. 1088, Eff. 7/17/87; AMD, 1995 MAR p. 2264, Eff. 10/27/95; AMD, 1998 MAR p. 3201, Eff. 12/4/98.

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