Section 910 IAC 2-6-3 - Referral of complaints to federal and local agenciesAuthority: IC 22-9.5-4-2
Affected: IC 22-9.5-6-5; IC 22-9.5-7
Sec. 3.
(a) Requirements for notification and referral to substantially equivalent local agencies shall be as follows:(1) Whenever a complaint alleges a discriminatory housing practice that is within the jurisdiction of a substantially equivalent local agency and the substantially equivalent local agency is certified or may accept interim referrals under 24 CFR 115 with regard to the alleged discriminatory housing practice, the ICRC may notify the substantially equivalent local agency of the filing of the complaint and refer the complaint to the substantially equivalent local agency for further processing before ICRC takes any action with respect to the complaint. The ICRC will notify the substantially equivalent local agency of the referral by certified mail.(2) The ICRC will notify the aggrieved person and the respondent, by certified mail or personal service, of the notification and referral under subdivision (1). The notice will advise the aggrieved person and the respondent of the aggrieved person's right to commence a civil action under IC 22-9.5-7 in an appropriate state court, no later than one (1) year after the occurrence or termination of the alleged discriminatory housing practice. The notice will state that the computation of this one (1) year period excludes any time during which a proceeding is pending under this rule and 910 IAC 2-7 with respect to complaint or charge based on the alleged discriminatory housing practice.(b) After a complaint is referred under this rule, the ICRC will take no further action with respect to the complaint, except as provided in subsection (c).(c) The ICRC may reactivate a complaint referred under subsection (a) for processing by the ICRC if any of the following occur:(1) The substantially equivalent local agency consents or requests the reactivation.(2) The ICRC determines that, with respect to the alleged discriminatory housing practice, the substantially equivalent local agency no longer qualifies for certification as a substantially equivalent local agency and may not accept interim referrals.(3) The substantially equivalent local agency:(A) failed to commence proceedings with respect to the complaint within thirty (30) days of the date that it received the notification and referral of the complaint; or(B) commenced proceedings within this thirty (30) day period, but the ICRC determines that the substantially equivalent local agency failed to carry the proceedings forward with reasonable promptness. The ICRC shall not reactivate a complaint under this subdivision until the ICRC has conferred with the substantially equivalent local agency to determine the reason for the delay in processing the complaint. If the ICRC believes that the substantially equivalent local agency will proceed expeditiously following the conference, the ICRC may leave the complaint with the substantially equivalent local agency for a reasonable time, notwithstanding the expiration of the thirty (30) day period or a previous failure to carry the proceedings forward with reasonable promptness.(d) Requirements for notification upon reactivation shall be as follows: (1) Whenever a complaint referred to a substantially equivalent local agency under subsection (c) is reactivated, the ICRC will notify the substantially equivalent local agency, the aggrieved person, and the respondent of ICRC's reactivation. The notification shall be made by certified mail or personal service.(2) Notification to the respondent and the aggrieved person shall do the following:(A) Advise the aggrieved person and the respondent of the time limits applicable to complaint processing and the procedural rights and obligations of the aggrieved person and the respondent under this rule and 910 IAC 2-7.(B) State that the ICRC will process the complaint under IC 22-9.5 and that the substantially equivalent local agency to which the complaint was referred will not continue to process the complaint under law.(C) Advise the aggrieved person and the respondent of the aggrieved person's right to commence a civil action under IC 22-9.5-7 in an appropriate state court, no later than one (1) year after the occurrence or termination of the alleged discriminatory housing practice. The notice shall state that the computation of this one (1) year period excludes any time during which a proceeding is pending under this rule with respect to a complaint or charge based on the alleged discriminatory housing practice under 910 IAC 2-7. The notice shall also state that the time period includes the time during which an action arising from a breach of conciliation agreement under IC 22-9.5-6-5 is pending.Civil Rights Commission; 910 IAC 2-6-3; filed Aug 20, 1993, 5:00 p.m.: 17 IR 26; readopted filed Oct 25, 2001, 2:15 p.m.: 25 IR 942; readopted filed Oct 29, 2007, 2:55 p.m.: 20071128-IR-910070566RFA; readopted filed Nov 19, 2013, 9:07 a.m.: 20131218-IR-910130454RFAReadopted filed 9/27/2019, 2:32 p.m.: 20191030-IR-910190407RFA