Section 37.4. Complaints.

(1) Any person  claiming  to   be  aggrieved   by  unlawful discrimination may by himself or herself or his or her counsel or other agent make, sign, and file with the department a complaint. Assistance in drafting and filing complaints shall be available,  without  charge,  to claimants at all department offices.

(2)     Any commissioner, the director, or agent authorized by the commission or director, may initiate, make, sign, and file a complaint.

(3)   A complaint shall be in writing,  the  original  being  signed  and verified before a notary public or other person duly authorized by law to administer oaths and take acknowledgments. Notarial service shall be furnished without charge by the department.

(4)   The complaint shall include the following:

(a)  The full name and address of the claimant and his or her agent, if any.

(b)   The full name and address of the respondent.

(c)   The alleged  discrimination  and  a statement  of the particulars thereof.

(d)      The date or dates of the alleged discrimination, whether the alleged discrimination is of a continuing nature, and the dates between which the continuing discrimination is alleged to have occurred.

(e)   A statement as to any other proceeding, civil or criminal, based upon the same facts, occurrences, or transactions as alleged in the complaint, together with a statement as to the status  or  disposition  of

the  other  action.  Where   such  a  proceeding   is  pending,     the     commission     or department may, in its discretion, delay consideration or  action  on  the complaint filed.

(5)   The complaint shall be filed with the department at 1 of its offices.

(6)  The complaint shall be filed within 180 days from the date of the occurrence of the alleged discrimination, or within 180 days of the date when the occurrence of the alleged discrimination was or should have been discovered. If the alleged discrimination is of a continuing nature, the date of the occurrence of the discrimination shall be deemed to be any date subsequent to the commencement of  the  discrimination  up  to and including the date upon which the discrimination shall have ceased.

(7)  The complaint may be filed by personal delivery or by mail addressed to 1 of the department's offices.

(8)   Complaint forms may be obtained at any of  the  offices  of  the department.

(9)   A copy of the complaint filed by the claimant shall be delivered or mailed to the respondent.

(10)   The department may require answers to interrogatories, order  the submission of books, papers, records, and other materials pertinent to a complaint, and require the attendance of witnesses, administer oaths, take testimony, and compel, through court authorization,  compliance with  its orders or an order of the commission.

(11)   A complaint, or any part thereof, may be withdrawn only on written consent of the commission or department upon such conditions as shall be deemed proper in the circumstances.

History: 1979 AC.