§ 29-3-107. INVESTIGATION.

(a)

Authorization. The Executive Director shall authorize the complaint for investigation and shall notify the respondent of the complaint if the Executive Director:

(1)

Is ordered to do so by the Chairman of the Commission under § 29-3-106(c)(1) of this title; or

(2)

Determines that the facts alleged in a complaint are sufficient to establish that a violation of this article may have occurred.

(b)

Time for investigation.

(1)

Within 180 days after the authorization of a complaint for investigation, the Executive Director shall issue written findings of the results of the investigation.

(2)

If there are exigent circumstances, the Executive Director may extend the time period for an additional 180 days.

(c)

Findings. The findings of the Executive Director shall be sent by certified mail to all parties and shall:

(1)

Summarize the factual background of the case;

(2)

State whether or not there is reasonable cause to believe that a violation of this article may have occurred;

(3)

State the basis for the finding of reasonable cause or no reasonable cause; and

(4)

Outline the next appropriate steps as provided in subsections (d) and (e) of this section.

(d)

Findings of reasonable cause and conciliation.

(1)

(i)

Within 30 days after a finding of reasonable cause to believe that a violation of this article may have occurred, the Executive Director shall attempt to rectify the violation by conference, conciliation, and persuasion.

(ii)

A conciliation agreement for elimination of the violation shall be reduced to a legally enforceable written instrument signed by the complainant, respondent, and Executive Director or their authorized representatives.

(2)

If no conciliation agreement is reached, the Executive Director shall notify all parties by certified mail of the failure to conciliate and shall refer the matter to the Commission for a public administrative hearing under § 29-3-109 of this title.

(e)

Finding of no reasonable cause. If the Executive Director finds that there is no reasonable cause to believe that a violation of this article may have occurred, the Executive Director shall issue a decision and order:

(1)

Advising the parties of their right, within 20 days after the finding, to request an administrative hearing before the Commission;

(2)

Detailing the method for requesting the hearing; and

(3)

Requiring a prospective appellant to list the reasons for appeal.

(1988 Code, § 19-44) (Bill No. 31-00, § 2, 7-1-2004; Bill No. 74-03, § 7, 7-1-2004)