Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions

ORS 659A.835
Investigation

  • finding of substantial evidence

(1)

Except as provided in subsection (2) of this section, after the filing of any complaint under ORS 659A.820 (Complaints) or 659A.825 (Complaints filed by Attorney General or commissioner), the Commissioner of the Bureau of Labor and Industries may investigate the complaint.

(2)

The commissioner shall commence an investigation of any complaint filed under ORS 659A.820 (Complaints) or 659A.825 (Complaints filed by Attorney General or commissioner) alleging an unlawful practice 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 discrimination under federal housing law within 30 days after the filing of the complaint.

(3)

If, by reason of an investigation under this section, the commissioner determines that additional persons should be named as respondents in the complaint, the commissioner may add the names of those persons to the complaint. The commissioner may name additional persons as respondents under this subsection only during the course of the investigation. Within 10 days after identifying an additional person who will be named as a respondent, the commission shall serve the person with a copy of the complaint that identifies the alleged discriminatory housing practice and a notice that advises the person of the procedural rights and obligations of the person, including the person’s right to file an answer to the complaint.

(4)

If an investigation under this section discloses any substantial evidence supporting the allegations of a complaint, the commissioner shall issue a finding of substantial evidence. The finding must be sent to the respondent and the complainant and must be signed by the commissioner or the commissioner’s designee. The finding must include at least the following information:

(a)

The names of the complainant and the respondent;

(b)

The allegations contained in the complaint;

(c)

Facts found by the commissioner that are related to the allegations of the complaint; and

(d)

A statement that the investigation of the complaint has disclosed substantial evidence supporting the allegations of the complaint. [2001 c.621 §5; 2007 c.903 §8]

Notes of Decisions

Under former similar statute (ORS 659.095)

Failure to strictly comply with technical notice requirements does not render notice invalid if notice enables respondent to adequately respond to allegations in determination. Colson v. Bureau of Labor and Industries, 113 Or App 106, 831 P2d 706 (1992)

Source

Last accessed
May 30, 2023

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