§ 29-3-106. DISMISSAL BY THE EXECUTIVE DIRECTOR.

(a)

Authorized. If the Executive Director determines that the facts alleged are insufficient to establish that a violation of this article has occurred, the Executive Director shall:

(1)

Dismiss the complaint;

(2)

Send a dismissal letter by certified mail to the complainant stating the fact of the dismissal, the reasons for dismissal, and the process for the complainant to seek reconsideration of the Executive Director's decision by the Commission; and

(3)

Send a copy of the dismissal letter by certified mail to the respondent.

(b)

Complainant may seek reconsideration.

(1)

In order to request reconsideration of the Executive Director's dismissal of the complaint, the complainant shall send a letter to the Chairman of the Commission within 15 days after receipt of the dismissal letter stating the reasons the complainant disagrees with the dismissal of the complaint.

(2)

The Chairman shall schedule a meeting with the complainant which shall also be attended by at least two other members of the Commission, the Executive Director, and the Commission's legal advisor.

(c)

Decision of the Commission.

(1)

(i)

If the Chairman and the members of the Commission determine that the complaint should be investigated, the Chairman shall inform the Executive Director of the determination in a letter and send a copy of the letter to the complainant.

(ii)

The Executive Director shall proceed with an investigation of the complaint.

(2)

If the Chairman and the members of the Commission determine that the complaint should be dismissed, the Chairman shall inform the complainant of the determination in a letter sent by certified mail and shall send a copy of the letter to the Executive Director.

(1988 Code, § 19-44) (Bill No. 31-00, § 2, 7-1-2004)