SF 1906

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

  1.1                          A bill for an act 
  1.2             relating to human rights; eliminating the requirement 
  1.3             that charges filed with the commissioner be verified; 
  1.4             amending Minnesota Statutes 1994, section 363.06, 
  1.5             subdivision 1.  
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 363.06, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [ACTIONS.] Any person aggrieved by a 
  1.10  violation of this chapter may bring a civil action as provided 
  1.11  in section 363.14, subdivision 1, clause (a), or may file a 
  1.12  verified charge with the commissioner or the commissioner's 
  1.13  designated agent.  A charge filed with the commissioner must be 
  1.14  in writing on a form provided by the commissioner and signed by 
  1.15  the charging party.  The charge must state the name of the 
  1.16  person alleged to have committed an unfair discriminatory 
  1.17  practice and set out a summary of the details of the practice 
  1.18  complained of.  The commissioner may require a charging party to 
  1.19  provide the address of the person alleged to have committed the 
  1.20  unfair discriminatory practice, names of witnesses, documents, 
  1.21  and any other information necessary to process the charge.  The 
  1.22  commissioner may dismiss a charge when the charging party fails 
  1.23  to provide required information.  The commissioner within ten 
  1.24  days of the filing shall serve a copy of the charge and a form 
  1.25  for use in responding to the charge upon the respondent 
  2.1   personally or by mail.  The respondent shall file with the 
  2.2   department a written response setting out a summary of the 
  2.3   details of the respondent's position relative to the charge 
  2.4   within 20 days of receipt of the charge.  If the respondent 
  2.5   fails to respond with a written summary of the details of the 
  2.6   respondent's position within 30 days after service of the 
  2.7   charge, and service was consistent with rule 4 of the rules of 
  2.8   civil procedure, the commissioner, on behalf of the complaining 
  2.9   party, may bring an action for default in district court 
  2.10  pursuant to rule 55.01 of the rules of civil procedure.