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24.9.226    CONCILIATION AND SETTLEMENT

(1) If the department issues a reasonable cause finding, it will attempt to resolve the case by conciliation. No statements made by any party in the course of a conciliation offer or in any oral or written discussion concerning conciliation will be admissible in any hearing held concerning the complaint. Agreement to a conciliated settlement of the case does not constitute an admission of violation of any law by the respondent.

(2) A conciliation or other settlement agreement reached by the parties prior to the time the case is certified for hearing must be in writing, signed by the parties, and approved by the department. A conciliation agreement or other settlement agreement reached by the parties after the case has been certified for hearing must be in writing, signed by the parties, and approved by the department and the commission.

(3) The department or commission may refuse to approve a conciliation or other settlement agreement which does not resolve all allegations or remedies for all persons or groups affected by the alleged discrimination. Alternatively, the department may treat the agreement as a withdrawal in accordance with ARM 24.9.213.

(4) A conciliation or other settlement agreement may be enforced by the department, the commission or by any party in the same manner as a final commission order by seeking appropriate orders in the district court pursuant to 49-2-508 , MCA.

(5) A conciliation or other settlement agreement may include in its terms any remedy which could have been ordered by the commission after hearing. It may also include terms for monitoring compliance with the agreement.

(6) When a conciliated settlement does not appear possible following a finding of reasonable cause, the department shall inform all parties in writing that the conciliation period is concluded and certify the case for hearing.

(7) The parties must inform the department and the commission of all terms of any settlement entered into after the commission has issued a final order.

History: 49-2-204 and 49-3-106, MCA; IMP, 49-2-504, 49-2-505, 49-3-307, and 49-3-308, MCA, NEW, Eff. 1/2/77; AMD, 1980 MAR p. 2196, Eff. 7/18/80; AMD, 1983 MAR p. 1833, Eff. 12/16/83; 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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