141 Neb. Admin. Code, ch. 2, § 003

Current through September 17, 2024

Section 141-2-003 - Reasonable Cause Findings

003.01 Conference

If the Commission, based upon the report of its investigation by its employees, determines that there is reasonable cause to believe that the alleged unfair employment 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 unfair practice and to prevent repetition thereof.

Both the complainant and the respondent shall be notified of the time and place of a conciliation conference by personal service or 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 and in the county in which the charge arose. In the event of failure or refusal of the respondent to appear or participate in the conciliation conference, the Commission may issue a written complaint and order a public hearing.

003.02 Non-disclosure

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 may be made public if a public hearing is ordered.

003.03 Settlement and Order

003.03A Settlement Terms Approved by the Commission. 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 issue a written complaint based on the original charge of discrimination and order a public hearing thereon; provided, however, than any such complaint must be issued no later than twenty-four (24) months after Commission approval of the Conciliation Order.

003.03B Dismissal. The Commission may, without the consent of the complainant, dismiss the charge if, in its opinion, matters brought forth in the conciliation conference establish that the respondent has eliminated the effects of the alleged discriminatory public accommodations practice with respect to the complainant or has offered in good faith to eliminate the effects of the alleged discriminatory public accommodations 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 Settlement Terms Not Approved by the Commission. If the terms of settlement and adjustment agreed 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 issue a complaint and order a public hearing in the event of an alleged violation of the terms of settlement and adjustment.

003.04 Time Limit and Waiver of Time Limit

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 issue and serve a complaint or to dismiss the 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 issue a complaint and notice of public hearing or dismiss the charge.

141 Neb. Admin. Code, ch. 2, § 003