NAC233.220. Closure of case; reopening of closed case.

     1. A case may be closed if:

     (a) The Commission determines that the complainant is uncooperative in the settlement, investigation or determination of his case. For purposes of this paragraph, a complainant will be deemed uncooperative if:

          (1) The Commission cannot locate or communicate with the complainant at the mailing address provided in the complaint;

          (2) The complainant verbally or physically abuses or threatens a member of the Commission;

          (3) The complainant consistently misses appointments, meetings or hearings scheduled by the Commission; or

          (4) The complainant exhibits any other behavior that the Commission deems to hinder the resolution or determination of his case.

     (b) The complainant requests the Commission to close the case.

     (c) The parties settle the case.

     (d) The Commission finds that no probable cause exists to believe that an unlawful discriminatory practice has occurred.

     (e) The attempt to mediate between or reconcile the parties fails and the Commission determines that the facts of the case do not warrant a public hearing.

     (f) A party files a lawsuit involving any of the allegations in the complaint.

     (g) There is any other final disposition of the case.

     2. Any ground for early closure of a case must be documented and will be made a part of the file.

     3. The Administrator shall, by mail, notify each party of the closing of a case pursuant to this section.

     4. Unless a party shows good cause to reopen a case, the Commission will not reopen a case that was closed based on facts and allegations which are the same as or similar to those facts and allegations set forth in the original complaint.

     [Equal Rights Comm’n, Rule 7.11, eff. 10-15-81]—(NAC A 6-22-94; R109-03, 10-30-2003; R067-06, 11-16-2006)