OAR 839-003-0050
Administrative Dismissal: Employment and Public Accommodation

(1)

This section does not apply to housing discrimination complaints under ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or the federal Fair Housing Act (42 U.S.C. 3601 – 3614a). Administrative dismissal of a housing discrimination complaint is addressed in OAR 839-003-0215 (Administrative Dismissal of a Housing Discrimination Complaint).

(2)

The division will dismiss the complaint if it determines that the bureau has no jurisdiction over the allegations of the complaint.

(3)

The division may dismiss the complaint if the aggrieved person files a proceeding, based on the same set of facts, with another state or federal agency having the authority to provide remedy to the aggrieved person for the alleged discrimination.

(4)

If an aggrieved person or the aggrieved person’s attorney fails to cooperate with the division, the division may dismiss the complaint.

(5)

The aggrieved person must notify the division in writing of address and telephone number changes. When an aggrieved person cannot be located by reasonable efforts, the division may dismiss the complaint.

(6)

The division will dismiss a complaint unless substantial evidence of unlawful discrimination is found. Such dismissal notice will include a statement that the complaint has been dismissed and a notice of the aggrieved person’s right to file a civil action, if such right exists.

(7)

The division will dismiss complaints alleging violation of federal discrimination statutes administered by EEOC (see OAR 839-003-0015 (Equal Employment Opportunity Commission)) in accordance with federal requirements.

(8)

The division may elect to administratively dismiss a complaint without investigation. In such instances, the division will notify the aggrieved person and respondent of the dismissal and issue notice of the aggrieved person’s right to file a civil action, if such right exists.

(9)

The division will dismiss a complaint if it learns that the aggrieved person has filed a civil action alleging the same matters, as provided in OAR 839-003-0020 (Civil Action: Employment and Public Accommodation).

Source: Rule 839-003-0050 — Administrative Dismissal: Employment and Public Accommodation, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-003-0050.

839‑003‑0000
Purpose and Scope 839‑003‑0005
Definitions: Employment and Public Accommodation 839‑003‑0010
Who May File: Employment and Public Accommodation 839‑003‑0015
Equal Employment Opportunity Commission 839‑003‑0020
Civil Action: Employment and Public Accommodation 839‑003‑0025
Filing a Complaint: Employment (other than OSEA) and Public Accommodation 839‑003‑0031
Filing a Complaint under the Oregon Safe Employment Act (OSEA) 839‑003‑0040
Amendment of Complaints: Employment and Public Accommodation 839‑003‑0045
Withdrawal of Complaint: Employment and Public Accommodation 839‑003‑0050
Administrative Dismissal: Employment and Public Accommodation 839‑003‑0055
Conciliation Agreements Prior to Completion of the Investigation 839‑003‑0060
Fact-Finding Conference 839‑003‑0065
Investigations: Employment and Public Accommodation 839‑003‑0070
Settlement Process After Substantial Evidence Determination: Employment and Public Accommodation 839‑003‑0080
Access to Records in Investigative Files 839‑003‑0085
Subpoenas 839‑003‑0090
Remedy: Employment and Public Accommodation 839‑003‑0095
Enforcement of Settlement Agreements and Orders: Employment and Public Accommodation 839‑003‑0100
Commissioner’s Complaint: Employment and Public Accommodation 839‑003‑0200
Filing a Housing Discrimination Complaint 839‑003‑0205
Amending a Housing Discrimination Complaint 839‑003‑0210
Withdrawal of a Housing Discrimination Complaint 839‑003‑0215
Administrative Dismissal of a Housing Discrimination Complaint 839‑003‑0220
Housing Discrimination Investigations 839‑003‑0225
Settlement Process After Substantial Evidence Determination in Housing Discrimination Complaints 839‑003‑0230
Remedies in Housing Discrimination Complaints 839‑003‑0235
Civil Action under State and Federal Housing Law 839‑003‑0240
Enforcement of Settlement Agreements and Orders in Housing Discrimination Complaints 839‑003‑0245
Commissioner’s Complaint in Housing Discrimination Cases
Last Updated

Jun. 8, 2021

Rule 839-003-0050’s source at or​.us