4.1 If the Director makes a No Reasonable Grounds Determination, the Director must send a determination letter to the complainant and the respondent along with a copy of these Regulations. The determination letter must state the steps, including deadlines, required to appeal the determination.
4.2 If the complainant desires to appeal the Director’s No Reasonable Grounds Determination, the complainant must file a written notice of appeal with the Director within 30 days after the Director sends the complainant the determination letter. Upon receipt of the complainant’s notice of appeal, the Director must certify the complaint to the Commission and the Commission must assign the complaint to a Case Review Board to consider the appeal. The Director must also send a copy of the complainant’s notice of appeal to the respondent, and must send written notification to both parties that the Director has certified the complaint to the Commission.
4.2.1 Any party that desires to review the commission file when an appeal has been filed must contact the Office of Human Rights and arrange for a mutually convenient time. However, any examination of the commission file by a party must take place within 20 days after the Director sends that party notice that the Director has certified the complaint to the Commission.
4.2.2 All examinations of the commission file must take place at the Office of Human Rights on a regular business day between 9:00 a.m. and 5:00 p.m. A staff member of the Office of Human Rights, or an intern or volunteer approved by the Director, may be present when a party examines the commission file.
4.2.3 Before being provided access to the commission file, the complainant, respondent and any legal representatives of the parties, must sign confidentiality agreements in which they promise, under penalty of law, that all information or documents they derive from the commission file will be kept strictly confidential. This paragraph does not limit a party’s right to use the information and documents in connection with the appeal. The confidentiality agreement must expire if the Case Review Board sets the matter for hearing, unless the Case Review Board grants a private hearing.
4.2.4 All portions of the commission file that would be available to a party under Article I of Chapter 2A of the Code must be made available to the parties when they review the commission file. However, any investigatory materials that the Director determines are privileged or confidential and would not be used at a hearing must not be included in the commission file available for examination by the parties.
4.2.5 Each party must reimburse the Office of Human Rights for the reasonable cost of copying any materials from the commission file. The price for copies will be set by the Office of Human Rights.
4.3 If the complainant has filed a timely notice of an appeal, the complainant is advised to submit a written statement in support of the appeal to the Office of Human Rights. Any such written statement in support of the appeal must be postmarked within 40 days after the later of (a) the date the Director sends the complainant notice that he or she has certified the complaint to the Commission, or (b) the date the complainant reviewed the commission file. The complainant must submit six copies of the statement to the Office of Human Rights.
4.3.1 In order to assist the Case Review Board’s consideration of the appeal, the complainant’s written statement in support of the appeal, if any is submitted, should include the following:
A statement of the facts that support the complainant’s conclusion that the Director’s determination that there are no reasonable grounds to believe that discrimination occurred was incorrectly decided.
Any legal arguments that support the complainant’s conclusion that the Director’s determination is inconsistent with applicable law and an explanation of why the authorities cited support the complainant’s conclusion.
If the complainant is relying upon “new evidence,” the new evidence should be described and an explanation should be given as to why this new evidence was unavailable to the complainant and the Office of Human Rights at the time the Director investigated the complaint.
4.4 If a complainant files a written statement in support of the appeal pursuant to Section 4.3 above, within 20 days after receiving a copy of the complainant’s statement, the respondent may file six copies of a response to the complainant’s written statement with the Office of Human Rights.
4.5 If a complainant files a written statement in support of the appeal pursuant to Section 4.3 above, within 20 days after receiving a copy of the complainant’s statement, the Office of Human Rights may file six copies of its own response.
4.6 All submissions must be in writing and should be typewritten. Handwritten submissions will be accepted, but if handwritten, the handwriting must be legible. Upon receipt of each written statement referred to in Sections 4.3, 4.4 and 4.5, the Office of Human Rights must immediately place one copy of the written statement in the commission file, and must immediately send a copy of the statement to each member of the Case Review Board, the complainant, the respondent and the Director. However, the Office of Human Rights may, at its discretion, defer sending the members of the Case Review Board copies of the submissions until all submissions have been received or the time to submit them has passed.
4.7 Upon written request and for good cause shown, the Case Review Board may extend the deadlines specified in these Regulations. However, the Case Review Board may not extend the time for filing a written notice of appeal established in Section 4.2.
4.8 A case Review Board may consider an appeal: (a) at a meeting attended in person by a majority of the members of the Case Review Board; (b) by means of telephonic or electronic communication; or (c) by written communication.
4.9 A Case Review Board must render a decision within 45 days after it receives the written submissions of the parties. However, a Case Review Board may on its own motion extend the time for issuing a decision upon written notification to all parties.
4.10 In considering an appeal, a Case Review Board may, at its sole discretion: (a) review the commission file, and/or (b) schedule an oral argument; and/or (c) order the Director to investigate further.
4.10.1 If the Case Review Board orders the Director to investigate further, the investigation must respond to specific questions or areas of concern of the Case Review Board. The Director must report the results of the investigation to the parties and to the Case Review Board. The Case Review Board, at its discretion, may (a) allow the parties to file written responses to the further investigative report; and/or (b) schedule oral argument.
4.10.2 If the Case Review Board concludes that any new evidence presented in the complainant’s appeal: (a) may have had a bearing on the Director’s determination, and (b) was not known to the complainant and the Office of Human Rights at the time that the Office investigated the complaint, the Case Review Board must proceed under Section 4.10.1 of these regulations.
4.11 Upon completion of its consideration of the appeal and any further investigation if conducted pursuant to Section 4.10.1, a Case Review Board must (a) dismiss the complaint without a hearing, or (b) order that the complaint be considered and decided at a hearing in the same manner as if the Director had found reasonable grounds to believe that a violation of the statute occurred.
4.11.1 If a Case Review Board votes to dismiss the complaint without a hearing, the Case Review Board must inform the complainant and respondent of the Board’s decision to uphold the Director’s No Reasonable Grounds Determination.
4.11.2 If a Case Review Board votes to order that the complaint be considered and decided at a hearing, the Board must explain its reasons in a written opinion.
4.12 If the Case Review Board votes to dismiss the complaint, that decision will not be subject to further review by the Commission and will not be subject to appellate review in this administrative process. However, the complainant may have the right to file an original civil action against the respondent in an appropriate court of law.
