Director's authority to dismiss a complaint and review thereof. If at any time after the signing of a verified complaint and before referral of the
complaint to the commission the director shall determine the department lacks jurisdiction
over the charge, or that the charge fails to state a claim, is frivolous, was not
timely filed, or that the complainant has consistently failed to provide or has refused
to provide requested information, the director may dismiss the complaint. The director
may also dismiss the complaint at any time before referral to the commission based
upon difficulty of adjudication. The director shall set forth the reasons for the
dismissal in writing and shall serve the complainant and the respondent with a copy
of this written decision and a statement explaining the complainant's right to file
a civil action or to appeal the determination to the commission review committee and
subsequently file a civil action. The complainant's filing of an appeal with the director
and the appointment and operation of the review committee shall follow the procedures
set forth in section 141.50(j).
(m)
Notice to commissioners. The director shall provide the commission annual updates on the status of complaints.
(n)
Hearing procedure.
(1)
Within thirty (30) days following the referral of a complaint, the chairperson of
the commission:
a.
Shall designate three (3) persons who may be members or non-members of the commission,
all three (3) of whom shall be lawyers, to serve as a hearing committee;
b.
Shall designate a presiding commissioner of the hearing committee; and
c.
Shall set a time and place within the city for the hearing of such complaints and
the answers to the allegations thereof.
(2)