HF 470

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to human rights; creating a tolling provision
for the 12-month determination requirement; allowing
the Department of Human Rights to seek sanctions;
repealing the 180-day hearing provision; amending
Minnesota Statutes 2004, sections 363A.28, subdivision
6; 363A.35, subdivision 3; repealing Minnesota
Statutes 2004, section 363A.29, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 363A.28,
subdivision 6, is amended to read:

Subd. 6.

Charge processing.

deleted text begin (1) deleted text end new text begin (a) new text end Consistent with
deleted text begin clause (7) deleted text end new text begin paragraph (g) new text end , the commissioner shall promptly
inquire into the truth of the allegations of the charge. The
commissioner shall make an immediate inquiry when a charge
alleges actual or threatened physical violence. The
commissioner shall also make an immediate inquiry when it
appears that a charge is frivolous or without merit and shall
dismiss those charges.

The commissioner shall give priority to investigating and
processing those charges, in the order below, which the
commissioner determines have the following characteristics:

deleted text begin (a) deleted text end new text begin (1) new text end there is evidence of irreparable harm if immediate
action is not taken;

deleted text begin (b) deleted text end new text begin (2) new text end there is evidence that the respondent has
intentionally engaged in a reprisal;

deleted text begin (c) deleted text end new text begin (3) new text end a significant number of recent charges have been
filed against the respondent;

deleted text begin (d) deleted text end new text begin (4) new text end the respondent is a government entity;

deleted text begin (e) deleted text end new text begin (5) new text end there is potential for broadly promoting the
policies of this chapter; or

deleted text begin (f) deleted text end new text begin (6) new text end the charge is supported by substantial and credible
documentation, witnesses, or other evidence.

The commissioner shall inform charging parties of these
priorities and shall tell each party if their charge is a
priority case or not.

On other charges the commissioner shall make a
determination within 12 months after the charge was filed as to
whether or not there is probable cause to credit the allegation
of unfair discriminatory practices deleted text begin , and deleted text end new text begin . The amount of time
during which another enforcement agency is investigating a case
under a work-sharing agreement is not counted in computing the
12-month period, provided that the commissioner makes a
determination within 24 months after the charge is filed.
new text end

deleted text begin (2) deleted text end new text begin (b) new text end If the commissioner determines after investigation
that no probable cause exists to credit the allegations of the
unfair discriminatory practice, the commissioner shall, within
ten days of the determination, serve upon the charging party and
respondent written notice of the determination. Within ten days
after receipt of notice, the charging party may request in
writing, on forms prepared by the department, that the
commissioner reconsider the determination. The request shall
contain a brief statement of the reasons for and new evidence in
support of the request for reconsideration. At the time of
submission of the request to the commissioner, the charging
party shall deliver or mail to the respondent a copy of the
request for reconsideration. The commissioner shall reaffirm,
reverse, or vacate and remand for further consideration the
determination of no probable cause within 20 days after receipt
of the request for reconsideration, and shall within ten days
notify in writing the charging party and respondent of the
decision to reaffirm, reverse, or vacate and remand for further
consideration.

A decision by the commissioner that no probable cause
exists to credit the allegations of an unfair discriminatory
practice shall not be appealed to the Court of Appeals pursuant
to section 363A.36 or sections 14.63 to 14.68.

deleted text begin (3) deleted text end new text begin (c) new text end If the commissioner determines after investigation
that probable cause exists to credit the allegations of unfair
discriminatory practices, the commissioner shall serve on the
respondent and the respondent's attorney if the respondent is
represented by counsel, by first class mail, a notice setting
forth a short plain written statement of the alleged facts which
support the finding of probable cause and an enumeration of the
provisions of law allegedly violated. If the commissioner
determines that attempts to eliminate the alleged unfair
practices through conciliation pursuant to subdivision 8 have
been or would be unsuccessful or unproductive, the commissioner
shall issue a complaint and serve on the respondent, by
registered or certified mail, a written notice of hearing
together with a copy of the complaint, requiring the respondent
to answer the allegations of the complaint at a hearing before
an administrative law judge at a time and place specified in the
notice, not less than ten days after service of said complaint.
A copy of the notice shall be furnished to the charging party
and the attorney general.

deleted text begin (4) deleted text end new text begin (d) new text end If, at any time after the filing of a charge, the
commissioner has reason to believe that a respondent has engaged
in any unfair discriminatory practice, the commissioner may file
a petition in the district court in a county in which the
subject of the complaint occurs, or in a county in which a
respondent resides or transacts business, seeking appropriate
temporary relief against the respondent, pending final
determination of proceedings under this chapter, including an
order or decree restraining the respondent from doing or
procuring an act tending to render ineffectual an order the
commissioner may enter with respect to the complaint. The court
shall have power to grant temporary relief or a restraining
order as it deems just and proper, but no relief or order
extending beyond ten days shall be granted except by consent of
the respondent or after hearing upon notice to the respondent
and a finding by the court that there is reasonable cause to
believe that the respondent has engaged in a discriminatory
practice. Except as modified by subdivisions 1 to 9 and section
363A.06, subdivision 4, the Minnesota Rules of Civil Procedure
shall apply to an application, and the district court shall have
authority to grant or deny the relief sought on conditions as it
deems just and equitable. All hearings under subdivisions 1 to
9 and section 363A.06, subdivision 4, shall be given precedence
as nearly as practicable over all other pending civil actions.

deleted text begin (5) deleted text end new text begin (e) new text end If a lessor, after engaging in a discriminatory
practice defined in section 363A.09, subdivision 1, clause (a),
leases or rents a dwelling unit to a person who has no knowledge
of the practice or of the existence of a charge with respect to
the practice, the lessor shall be liable for actual damages
sustained by a person by reason of a final order as provided in
subdivisions 1 to 9 and section 363A.06, subdivision 4,
requiring the person to be evicted from the dwelling unit.

deleted text begin (6) deleted text end new text begin (f) new text end In any complaint issued under subdivisions 1 to 9
and section 363A.06, subdivision 4, the commissioner may seek
relief for a class of individuals affected by an unfair
discriminatory practice occurring on or after a date one year
prior to the filing of the charge from which the complaint
originates.

deleted text begin (7) deleted text end new text begin (g) new text end The commissioner may adopt policies to determine
which charges are processed and the order in which charges are
processed based on their particular social or legal
significance, administrative convenience, difficulty of
resolution, or other standard consistent with the provisions of
this chapter.

deleted text begin (8) deleted text end new text begin (h) new text end The chief administrative law judge shall adopt
policies to provide sanctions new text begin which may include, but are not
limited to, damages, attorney fees, and costs new text end for intentional
and frivolous delay caused by any charging party or respondent
in an investigation, hearing, or any other aspect of proceedings
before the department under this chapter. new text begin The department, as
well as any charging party or respondent, may petition the chief
administrative law judge for an order imposing sanctions.
new text end

Sec. 2.

Minnesota Statutes 2004, section 363A.35,
subdivision 3, is amended to read:

Subd. 3.

Access to closed files.

(a) Except as otherwise
provided in this subdivision, human rights investigative data
contained in a closed case file are private data on individuals
or nonpublic data. The name and address of the charging party
and respondent, factual basis of the allegations, the statute
under which the action is brought, the part of the summary of
the investigation that does not contain identifying data on a
person other than the complainant or respondent, and the
commissioner's memorandum determining whether probable cause has
been shown are public data. new text begin After a file has been closed, the
commissioner may disclose data about a closed case file to
another governmental entity to assist that entity in processing
a complaint or to eliminate duplication of efforts in the
investigation of the same or similar facts as alleged in the
charge. To the extent that data are disclosed to other
governmental entities, it must be stipulated that section 13.03,
subdivision 4, applies to the classification of the data. The
commissioner must notify the subject of the data when a
disclosure is made under this subdivision.
new text end

(b) The commissioner may make human rights investigative
data contained in a closed case file inaccessible to the
charging party or the respondent in order to protect medical or
other security interests of the parties or third persons.

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 363A.29, subdivision 2, is
repealed.
new text end