OAR 839-003-0215
Administrative Dismissal of a Housing Discrimination Complaint

(1)

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

(2)

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

(3)

The aggrieved person will 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.

(4)

The division will dismiss a complaint unless substantial evidence of unlawful practices is found. The division will provide written notice of such dismissal to the aggrieved person and respondent.

(5)

The division cannot issue a finding of substantial evidence of discrimination after an aggrieved person has filed a civil action alleging the same matters as provided in OAR 839-003-0235 (Civil Action under State and Federal Housing Law), and the trial for the civil action has commenced.

(6)

The division will dismiss complaints alleging discrimination under the federal Fair Housing Act (42 U.S.C. 3601 – 3614a) administered by the U.S. Department of Housing and Urban Development in accordance with federal requirements.

(7)

The division will notify the aggrieved person in writing of the right to file a civil action in state court, as provided in ORS 659A.870 (Election of remedies) to 659A.885 (Civil action), when a complaint is dismissed by the division. An aggrieved person filing a civil action against a public body must also file a tort claim notice as required by ORS 30.275 (Notice of claim).

Source: Rule 839-003-0215 — Administrative Dismissal of a Housing Discrimination Complaint, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-003-0215.

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 839-003-0215’s source at or​.us