Section 139-2-003 - Reasonable Cause Findings003.01 If the Commission, based upon the report of its investigation by its employees, determines that there is reasonable cause to believe that. the alleged discriminatory unequal pay practice has been committed, the Commission shall appoint a Commissioner, or an employee of the Commission to undertake a conciliation conference with the respondent and complainant in order to eliminate the effect of the discriminatory unequal pay practice and to prevent repetition thereof.Both the complainant and the respondent shall be notified of the time and place of the conciliation conference by registered or certified mail at least ten (10) days prior to the date set for the conference, and the notice shall advise the parties of the conciliator who will participate in said conciliation conference. The respondent shall appear at the conciliation conference either in person or by attorney, or both. The place of the conference designated by the Commission shall be at a place reasonably convenient for the parties. In the event of failure or refusal of the respondent to appear or participate in the conciliation conference, the Commission may bring any legal action necessary on behalf of the complainant.
003.02 The members of the Commission and its staff shall not make public what has occurred in any conciliation conference without the written consent of both parties except evidence concerning endeavors at a conciliation conference may be made public if legal action is taken. 003.03Settlement and Order003.03A If a settlement is effected in a conciliation conference, the terms of which are approved by the Commission, the Commission shall have the written terms of settlement and adjustment prepared and signed by the parties; and the Commission shall thereupon enter upon all parties an Order in accord with the executed written terms of settlement and adjustment. Any such Order shall specify the right of the Commission to investigate and determine, at reasonable times, whether the terms of settlement and adjustment and the Order entered pursuant thereto have, been or are being complied with. If the Commission determines that the respondent has violated or is violating the terms of settlement and adjustment and the Order entered pursuant thereto, the Commission may take necessary legal action on behalf of the complainant.003.03B The Commission may, without the consentof the complainant, dismiss the charge if, in its opinion, matter brought forth in the conciliation conference establishes that the respondent has eliminated the effects of the alleged discriminatory unequal pay practice with respect to the complainant or if the respondent has offered in good faith to eliminate the effects of the alleged discriminatory unequal pay practice with respect to the complainant in such manner as to effectuate the purposes of the Act and complainant has refused to accept such offer.003.03C If the terms of settlement and adjustment agreed to by the parties are not approved by the Commission, the Commission need not enter upon the parties any Order in accord with said terms of settlement and adjustment, and may close the case as having been settled on terms not approved by the Commission; and in such event, the Commission need not take legal action on behalf of the complainant in the event of an alleged violation of the terms of settlement and adjustment.003.04 Except as provided in 2.003.03 of these Rules and Regulations, within ninety (90) days after a Commission ruling of reasonable cause on a charge that has been properly filed with the Commission, the Commission shall make a decision either to take legal action necessary on behalf of the complainant or to dismiss the charge. The ninety (90) day time limit may be waived if both parties agree to do so in writing; provided, that even when both parties agree in writing to a waiver of the ninety (90) day time limitation, the Commission may in its discretion anytime after ninety (90) days from its reasonable cause finding determine that conciliation efforts have failed and promptly take legal action necessary on behalf of the complainant by petitioning a court of competent jurisdiction to restrain violations of the Act.139 Neb. Admin. Code, ch. 2, § 003