SF 1364

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the department of human rights; specifying 
  1.3             the scope of an inquiry by the commissioner; changing 
  1.4             the classification of certain data in an open file; 
  1.5             amending Minnesota Statutes 1994, sections 363.06, 
  1.6             subdivision 4; and 363.061, subdivision 2; repealing 
  1.7             Minnesota Statutes 1994, section 363.06, subdivision 2.
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 363.06, 
  1.10  subdivision 4, is amended to read: 
  1.11     Subd. 4.  [INQUIRY INTO CHARGE.] (1) Consistent with clause 
  1.12  (7), the commissioner shall promptly inquire into the truth of 
  1.13  the allegations of the charge.  The commissioner shall make an 
  1.14  immediate inquiry when a charge alleges actual or threatened 
  1.15  physical violence.  The commissioner shall also make an 
  1.16  immediate inquiry when it appears that a charge is frivolous or 
  1.17  without merit and shall dismiss those charges.  In all cases, 
  1.18  the commissioner shall limit the inquiry to issues raised and 
  1.19  parties indicated in the charge, unless there is compelling 
  1.20  evidence of additional related violations or the involvement of 
  1.21  additional parties. 
  1.22     The commissioner shall give priority to investigating and 
  1.23  processing those charges, in the order below, which the 
  1.24  commissioner determines have the following characteristics:  
  1.25     (a) there is evidence of irreparable harm if immediate 
  1.26  action is not taken; 
  2.1      (b) there is evidence that the respondent has intentionally 
  2.2   engaged in a reprisal; 
  2.3      (c) a significant number of recent charges have been filed 
  2.4   against the respondent; 
  2.5      (d) the respondent is a government entity; 
  2.6      (e) there is potential for broadly promoting the policies 
  2.7   of this chapter; or 
  2.8      (f) the charge is supported by substantial and credible 
  2.9   documentation, witnesses, or other evidence.  
  2.10     The commissioner shall inform charging parties of these 
  2.11  priorities and shall tell each party if their charge is a 
  2.12  priority case or not.  
  2.13     On other charges the commissioner shall make a 
  2.14  determination within 12 months after the charge was filed as to 
  2.15  whether or not there is probable cause to credit the allegation 
  2.16  of unfair discriminatory practices, and 
  2.17     (2) If the commissioner determines after investigation that 
  2.18  no probable cause exists to credit the allegations of the unfair 
  2.19  discriminatory practice, the commissioner shall, within ten days 
  2.20  of the determination, serve upon the charging party and 
  2.21  respondent written notice of the determination.  Within ten days 
  2.22  after receipt of notice, the charging party may request in 
  2.23  writing, on forms prepared by the department, that the 
  2.24  commissioner reconsider the determination.  The request shall 
  2.25  contain a brief statement of the reasons for and new evidence in 
  2.26  support of the request for reconsideration.  At the time of 
  2.27  submission of the request to the commissioner, the charging 
  2.28  party shall deliver or mail to the respondent a copy of the 
  2.29  request for reconsideration.  The commissioner shall either 
  2.30  reaffirm or reverse the determination of no probable cause 
  2.31  within 20 days after receipt of the request for reconsideration, 
  2.32  and shall within ten days notify in writing the charging party 
  2.33  and respondent of the decision to reaffirm or reverse. 
  2.34     A decision by the commissioner that no probable cause 
  2.35  exists to credit the allegations of an unfair discriminatory 
  2.36  practice shall not be appealed to the court of appeals pursuant 
  3.1   to section 363.072 or sections 14.63 to 14.68. 
  3.2      (3) If the commissioner determines after investigation that 
  3.3   probable cause exists to credit the allegations of unfair 
  3.4   discriminatory practices, the commissioner shall serve on the 
  3.5   respondent and the respondent's attorney if the respondent is 
  3.6   represented by counsel, by first class mail, a notice setting 
  3.7   forth a short plain written statement of the alleged facts which 
  3.8   support the finding of probable cause and an enumeration of the 
  3.9   provisions of law allegedly violated.  If the commissioner 
  3.10  determines that attempts to eliminate the alleged unfair 
  3.11  practices through conciliation pursuant to subdivision 5 have 
  3.12  been or would be unsuccessful or unproductive, the commissioner 
  3.13  shall issue a complaint and serve on the respondent, by 
  3.14  registered or certified mail, a written notice of hearing 
  3.15  together with a copy of the complaint, requiring the respondent 
  3.16  to answer the allegations of the complaint at a hearing before 
  3.17  an administrative law judge at a time and place specified in the 
  3.18  notice, not less than ten days after service of said complaint.  
  3.19  A copy of the notice shall be furnished to the charging party 
  3.20  and the attorney general. 
  3.21     (4) If, at any time after the filing of a charge, the 
  3.22  commissioner has reason to believe that a respondent has engaged 
  3.23  in any unfair discriminatory practice, the commissioner may file 
  3.24  a petition in the district court in a county in which the 
  3.25  subject of the complaint occurs, or in a county in which a 
  3.26  respondent resides or transacts business, seeking appropriate 
  3.27  temporary relief against the respondent, pending final 
  3.28  determination of proceedings under this chapter, including an 
  3.29  order or decree restraining the respondent from doing or 
  3.30  procuring an act tending to render ineffectual an order the 
  3.31  commissioner may enter with respect to the complaint.  The court 
  3.32  shall have power to grant temporary relief or a restraining 
  3.33  order as it deems just and proper, but no relief or order 
  3.34  extending beyond ten days shall be granted except by consent of 
  3.35  the respondent or after hearing upon notice to the respondent 
  3.36  and a finding by the court that there is reasonable cause to 
  4.1   believe that the respondent has engaged in a discriminatory 
  4.2   practice.  Except as modified by this section, the Minnesota 
  4.3   rules of civil procedure shall apply to an application, and the 
  4.4   district court shall have authority to grant or deny the relief 
  4.5   sought on conditions as it deems just and equitable.  All 
  4.6   hearings under this section shall be given precedence as nearly 
  4.7   as practicable over all other pending civil actions. 
  4.8      (5) If a lessor, after engaging in a discriminatory 
  4.9   practice defined in section 363.03, subdivision 2, clause 
  4.10  (1)(a), leases or rents a dwelling unit to a person who has no 
  4.11  knowledge of the practice or of the existence of a charge with 
  4.12  respect to the practice, the lessor shall be liable for actual 
  4.13  damages sustained by a person by reason of a final order as 
  4.14  provided in this section requiring the person to be evicted from 
  4.15  the dwelling unit. 
  4.16     (6) In any complaint issued under this section, the 
  4.17  commissioner may seek relief for a class of individuals affected 
  4.18  by an unfair discriminatory practice occurring on or after a 
  4.19  date one year prior to the filing of the charge from which the 
  4.20  complaint originates. 
  4.21     (7) The commissioner may adopt policies to determine which 
  4.22  charges are processed and the order in which charges are 
  4.23  processed based on their particular social or legal 
  4.24  significance, administrative convenience, difficulty of 
  4.25  resolution, or other standard consistent with the provisions of 
  4.26  this chapter. 
  4.27     (8) The chief administrative law judge shall adopt policies 
  4.28  to provide sanctions for intentional and frivolous delay caused 
  4.29  by any charging party or respondent in an investigation, 
  4.30  hearing, or any other aspect of proceedings before the 
  4.31  department under this chapter. 
  4.32     Sec. 2.  Minnesota Statutes 1994, section 363.061, 
  4.33  subdivision 2, is amended to read: 
  4.34     Subd. 2.  [ACCESS TO OPEN FILES.] (a) Human rights 
  4.35  investigative data on an individual, with the exception of the 
  4.36  name and address of the charging party and respondent, factual 
  5.1   basis of the allegations, and the statute under which the action 
  5.2   is brought, contained in an open case file is classified as 
  5.3   confidential.  The name and address of the charging party and 
  5.4   respondent, factual basis of the allegations, and the statute 
  5.5   under which the action is brought are classified as private data 
  5.6   until the date on which the respondent's written response to the 
  5.7   charge is due under section 363.06, subdivision 1, at which time 
  5.8   the data becomes public data, unless the commissioner determines 
  5.9   that release of the data would be detrimental to the 
  5.10  investigative and enforcement process. 
  5.11     (b) Human rights investigative data not on an individual 
  5.12  contained in an open case file is classified as protected 
  5.13  nonpublic data. 
  5.14     (c) Notwithstanding this subdivision, the commissioner may 
  5.15  make human rights investigative data contained in an open case 
  5.16  file accessible to a person, government agency, or the public if 
  5.17  access will aid the investigative and enforcement process. 
  5.18     Sec. 3.  [REPEALER.] 
  5.19     Minnesota Statutes 1994, section 363.06, subdivision 2, is 
  5.20  repealed.