SF 2382

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human rights; changing a deadline for 
  1.3             determination of complex cases; eliminating certain 
  1.4             notice requirements; amending Minnesota Statutes 1996, 
  1.5             sections 363.071, subdivision 1a; 363.117; and 363.14, 
  1.6             subdivision 1.  
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 363.071, 
  1.9   subdivision 1a, is amended to read: 
  1.10     Subd. 1a.  [HEARINGS 180 DAYS AFTER CHARGE.] At any time 
  1.11  after 180 days from the filing of a charge, if there has been 
  1.12  neither a finding of probable cause nor of no probable cause, 
  1.13  the charging party may file a request with the commissioner to 
  1.14  appear at a hearing on the party's own behalf or through a 
  1.15  private attorney.  The amount of time during which a case is 
  1.16  involved in significant settlement negotiations, is being 
  1.17  investigated by another enforcement agency under a work sharing 
  1.18  agreement, or has been referred to mediation or to a local human 
  1.19  rights commission for no fault grievance processing is not 
  1.20  counted in computing the 180 days.  Tolling of the time during 
  1.21  settlement negotiations requires written approval of the 
  1.22  charging party or the party's attorney.  The right of a charging 
  1.23  party to file a request for hearing does not apply in cases that 
  1.24  have been certified as complex by the commissioner within 60 120 
  1.25  days of the filing of the charge.  A case may not be certified 
  1.26  as complex unless it involves multiple parties or issues, 
  2.1   presents complex issues of law or fact, or presents 
  2.2   substantially new issues of law in the discrimination area.  
  2.3   Within five days of certifying a case as complex, the 
  2.4   commissioner shall give notice of the certification to the 
  2.5   charging party and the respondent.  The commissioner shall make 
  2.6   a determination of probable cause or no probable cause within 
  2.7   one year of the filing of a case in which the time has not been 
  2.8   counted or a case certified as complex.  Upon receipt of the 
  2.9   request, the commissioner shall review the documents and 
  2.10  information held in the department's files concerning the charge 
  2.11  and shall release to the charging party and respondent all 
  2.12  documents and information that are accessible to the charging 
  2.13  party and respondent under sections 13.01 to 13.87.  The 
  2.14  commissioner shall forward the request for hearing to the office 
  2.15  of administrative hearings, which shall promptly set the matter 
  2.16  for hearing.  If the charging party prevails at this hearing, 
  2.17  the administrative law judge may require the respondent to 
  2.18  reimburse the charging party for reasonable attorney's fees. 
  2.19     Sec. 2.  Minnesota Statutes 1996, section 363.117, is 
  2.20  amended to read: 
  2.21     363.117 [WITHDRAWAL FROM A LOCAL COMMISSION.] 
  2.22     Notwithstanding the provisions of any law or ordinance to 
  2.23  the contrary, a person who has filed a charge with a local 
  2.24  commission may bring a civil action as provided in section 
  2.25  363.14 at the following times:  
  2.26     (a) Within 45 days after receipt of notice that the local 
  2.27  commission has determined that there is no probable cause to 
  2.28  credit the allegations contained in the charge; receipt of 
  2.29  notice is presumed to be five days from the date of service by 
  2.30  mail of the written notice; or 
  2.31     (b) After 45 days from the filing of the charge if a 
  2.32  hearing has not been held or if the local commission has not 
  2.33  entered into a conciliation agreement to which the charging 
  2.34  party is a signator.  The charging party shall notify the local 
  2.35  commission of an intention to bring a civil action, which shall 
  2.36  be commenced within 90 days of giving the notice.  
  3.1      A charging party bringing a civil action shall mail by 
  3.2   registered or certified mail a copy of the summons and complaint 
  3.3   to the local commission and upon their receipt the local 
  3.4   commission shall terminate all proceedings before the local 
  3.5   commission relating to the charge.  No charge shall be filed or 
  3.6   reinstituted with the local commission after a civil action 
  3.7   relating to the same unfair discriminatory practice has been 
  3.8   brought unless the civil action has been dismissed without 
  3.9   prejudice.  
  3.10     Sec. 3.  Minnesota Statutes 1996, section 363.14, 
  3.11  subdivision 1, is amended to read: 
  3.12     Subdivision 1.  [COURT ACTIONS, SUITS BY PRIVATE PARTIES, 
  3.13  INTERVENTION.] (a) The commissioner or a person may bring a 
  3.14  civil action seeking redress for an unfair discriminatory 
  3.15  practice directly to district court.  In addition, a person may 
  3.16  bring a civil action: 
  3.17     (1) within 45 days after receipt of notice that the 
  3.18  commissioner has dismissed a charge because it is frivolous or 
  3.19  without merit, because the charging party has failed to provide 
  3.20  required information, because the commissioner has determined 
  3.21  that further use of department resources is not warranted, or 
  3.22  because the commissioner has determined that there is no 
  3.23  probable cause to credit the allegations contained in a charge 
  3.24  filed with the commissioner; 
  3.25     (2) within 45 days after receipt of notice that the 
  3.26  commissioner has reaffirmed a determination of no probable cause 
  3.27  if the charging party requested a reconsideration of the no 
  3.28  probable cause determination, or has decided not to reopen a 
  3.29  dismissed case that the charging party has asked to be reopened; 
  3.30  or 
  3.31     (3) after 45 days from the filing of a charge pursuant to 
  3.32  section 363.06, subdivision 1, if a hearing has not been held 
  3.33  pursuant to section 363.071 or if the commissioner has not 
  3.34  entered into a conciliation agreement to which the charging 
  3.35  party is a signator.  The charging party shall notify the 
  3.36  commissioner of an intention to bring a civil action, which 
  4.1   shall be commenced within 90 days of giving the notice. 
  4.2      For purposes of clauses (1) and (2), receipt of notice is 
  4.3   presumed to be five days from the date of service by mail of the 
  4.4   written notice. 
  4.5      (b) If the commissioner has issued both probable cause and 
  4.6   no probable cause determinations on separate issues in the same 
  4.7   charge, the charging party may, if a hearing is held, require 
  4.8   that all matters be heard at the hearing or may bring a civil 
  4.9   action for the no probable cause charges at the same time as the 
  4.10  probable cause charges under the rules and time frames that 
  4.11  govern the probable cause charges. 
  4.12     (c) A charging party bringing a civil action shall mail by 
  4.13  registered or certified mail a copy of the summons and complaint 
  4.14  to the commissioner, and upon their receipt the commissioner 
  4.15  shall terminate all proceedings in the department relating to 
  4.16  the charge.  No charge shall be filed or reinstituted with the 
  4.17  commissioner after a civil action relating to the same unfair 
  4.18  discriminatory practice has been brought unless the civil action 
  4.19  has been dismissed without prejudice. 
  4.20     (d) Upon application by the complaining party to the 
  4.21  district court at a special term and under circumstances the 
  4.22  court deems just, the court may appoint an attorney for the 
  4.23  person and may authorize the commencement of the action without 
  4.24  payment of fees, costs, or security. 
  4.25     (e) Upon timely application, the court may permit the 
  4.26  department to intervene in a civil action brought pursuant to 
  4.27  this section upon certification that the case is of general 
  4.28  public importance.