NAC233.080. Complaints: Action upon receipt; service on and action by respondent.

     1. Upon receipt of a complaint alleging discrimination, the Commission will designate the complaint as one of the following types of cases:

     (a) Category A case. A complaint will be designated a category A case if:

          (1) Further investigation of the complaint will likely result in a finding that probable cause exists to believe that an unlawful discriminatory practice has occurred; or

          (2) Irreparable harm will result if the processing of the complaint is not expedited.

     (b) Category B case. A complaint will be designated a category B case if the complaint appears to have merit but additional evidence is needed to determine whether further investigation would likely result in a finding that probable cause exists to believe that an unlawful discriminatory practice has occurred.

     (c) Category C case. A complaint will be designated a category C case if the complaint appears to be without merit and it is not likely that further investigation will result in a finding that probable cause exists to believe that an unlawful discriminatory practice has occurred.

     2. If the complaint is designated a:

     (a) Category A case, the Administrator shall assign the case for further investigation or, upon the agreement of both parties, schedule an informal meeting to attempt to settle the case.

     (b) Category B case, the Administrator shall schedule an informal meeting with both parties to attempt to settle the case. If the case cannot be settled in the informal meeting, the Administrator shall assign the case for further investigation.

     (c) Category C case, the Administrator shall close the case and dismiss the complaint and shall, by mail, notify each party of the closure of the case and the dismissal of the complaint, including any finding or determination that was made regarding the case.

     3. Each complaint alleging discrimination that is filed with the Commission must be served on the respondent named in the complaint. If the complaint is designated a category A case or category B case, the respondent shall provide to the Commission a statement of his position and any other additional information relating to the complaint that is requested by the Commission.

     [Equal Rights Comm’n, Rules 2.10 & 4.11, eff. 10-15-81]—(NAC A 6-22-94; R109-03, 10-30-2003)