1999 Minnesota Statutes

     363.117 Withdrawal from a local commission. 

    Notwithstanding the provisions of any law or ordinance to 
 the contrary, a person who has filed a charge with a local 
 commission may bring a civil action as provided in section 
 363.14 at the following times:  

    (a) Within 45 days after receipt of notice that the local 
 commission has determined that there is no probable cause to 
 credit the allegations contained in the charge; receipt of 
 notice is presumed to be five days from the date of service by 
 mail of the written notice; or 

    (b) After 45 days from the filing of the charge if a 
 hearing has not been held or if the local commission has not 
 entered into a conciliation agreement to which the charging 
 party is a signator.  The charging party shall notify the local 
 commission of an intention to bring a civil action, which shall 
 be commenced within 90 days of giving the notice.  

    A charging party bringing a civil action shall mail by 
 registered or certified mail a copy of the summons and complaint 
 to the local commission and upon their receipt the local 
 commission shall terminate all proceedings before the local 
 commission relating to the charge.  No charge shall be filed or 
 reinstituted with the local commission after a civil action 
 relating to the same unfair discriminatory practice has been 
 brought unless the civil action has been dismissed without 
 prejudice.  

    HIST: 1981 c 330 s 7; 1986 c 444; 1989 c 280 s 17