(2)(a) Except as provided in paragraph (b) of this subsection, the commissioner may dismiss a complaint at any time after the complaint is filed. Upon the written request of the person who filed the complaint under ORS 659A.820, the commissioner shall dismiss the complaint. Upon dismissal of the complaint, the commissioner shall issue a 90-day notice if notice is required under ORS 659A.880.
(b) Paragraph (a) of this subsection does not apply to a complaint alleging an unlawful practice under ORS 659A.145 or 659A.421 or discrimination under federal housing law. The commissioner shall dismiss a complaint alleging an unlawful practice under ORS 659A.145 or 659A.421 or discrimination under federal housing law if the commissioner finds no substantial evidence that an unlawful practice or discriminatory housing practice has occurred or is about to occur.
(3) Except as provided in this section, all authority of the commissioner to conduct investigations or other proceedings to resolve a complaint filed under ORS 659A.820 ceases one year after the complaint is filed unless the commissioner has issued a finding of substantial evidence under ORS 659A.835 during the one-year period. Unless it is impracticable to do so, the commissioner shall make a final administrative disposition of a complaint alleging an unlawful practice under ORS 659A.145 or 659A.421 or discrimination under federal housing law no later than one year after receipt of the complaint.
(4) The authority of the commissioner to conduct investigations or other proceedings to resolve a complaint filed under ORS 659A.820 alleging an unlawful practice under ORS 659A.403 or 659A.406 continues until the filing of a civil action by the complainant or until the commissioner dismisses the proceedings, enters into a settlement agreement or enters a final order in the matter after a hearing under ORS 659A.850.
(5) The authority of the commissioner to conduct investigations or other proceedings to resolve a complaint filed under ORS 659A.820 alleging an unlawful practice under ORS 659A.145 or 659A.421 or discrimination under federal housing law does not cease upon the filing of a civil action by the complainant, but ceases upon the commencement of a trial in the civil action.
(6) The authority of the commissioner to conduct investigations or other proceedings to resolve a complaint filed under ORS 659A.820 alleging a violation of ORS 659A.145 or 659A.421 or 659A.406 does not cease under subsection (3) of this section if the issuance of a finding of substantial evidence under ORS 659A.835 within the time allowed under subsection (3) of this section is not practicable. The commissioner shall notify the parties in writing of the reasons that the issuance of substantial evidence cannot be made within the time allowed.
(7) Nothing in this section affects the ability of the commissioner to enforce any order entered by the commissioner or to enforce any settlement agreement signed by a representative of the commissioner. [2001 c.621 §4; 2007 c.903 §7; 2008 c.36 §9]
Structure 2021 Oregon Revised Statutes
Volume : 16 - Trade Practices, Labor and Employment
Section 659A.001 - Definitions.
Section 659A.003 - Purpose of ORS chapter 659A.
Section 659A.036 - Short title.
Section 659A.052 - Reemployment rights of injured state workers; rules.
Section 659A.060 - Definitions for ORS 659A.060 to 659A.069.
Section 659A.082 - Discrimination against person for service in uniformed service prohibited.
Section 659A.089 - Notification to Director of Veterans’ Affairs.
Section 659A.090 - Definitions for ORS 659A.090 to 659A.099.
Section 659A.096 - Denial of leave, retaliation and discrimination prohibited.
Section 659A.104 - Description of disability for purposes of ORS 659A.103 to 659A.145.
Section 659A.112 - Employment discrimination.
Section 659A.118 - Reasonable accommodation.
Section 659A.121 - Undue hardship.
Section 659A.122 - Definitions for ORS 659A.124, 659A.127 and 659A.130.
Section 659A.124 - Illegal use of drugs.
Section 659A.127 - Permitted employer action.
Section 659A.130 - Conditions that do not constitute impairment.
Section 659A.133 - Medical examinations and inquiries of job applicants.
Section 659A.136 - Medical examinations and inquiries of employees.
Section 659A.139 - Construction of ORS 659A.103 to 659A.145.
Section 659A.141 - Damages recoverable for harm or theft of assistance animal.
Section 659A.143 - Assistance animals.
Section 659A.146 - Reasonable accommodation.
Section 659A.150 - Definitions for ORS 659A.150 to 659A.186.
Section 659A.153 - Covered employers.
Section 659A.159 - Purposes for which family leave may be taken.
Section 659A.162 - Length of leave; conditions; rules.
Section 659A.165 - Notice to employer.
Section 659A.168 - Medical verification and scheduling of treatment; exceptions.
Section 659A.171 - Job protection; benefits.
Section 659A.174 - Use of paid leave.
Section 659A.177 - Special rules for teachers.
Section 659A.183 - Denying family leave to eligible employee prohibited; retaliation prohibited.
Section 659A.186 - Exclusivity of provisions; construction.
Section 659A.190 - Definitions for ORS 659A.190 to 659A.198.
Section 659A.196 - Notice to employer; records confidential.
Section 659A.198 - Use of paid leave.
Section 659A.199 - Prohibited conduct by employer.
Section 659A.200 - Definitions for ORS 659A.200 to 659A.224.
Section 659A.206 - Effects of ORS 659A.200 to 659A.224 on employees.
Section 659A.209 - Effect on public record disclosures.
Section 659A.210 - Affirmative defense.
Section 659A.218 - Disclosure of employee’s name without consent prohibited.
Section 659A.228 - Discrimination for reporting violation of election laws prohibited.
Section 659A.250 - Definitions for ORS 659A.250 to 659A.262.
Section 659A.270 - Definitions for ORS 659A.270 to 659A.285.
Section 659A.272 - Employer required to provide leave.
Section 659A.275 - Undue hardship.
Section 659A.280 - Notice to employer; records confidential.
Section 659A.283 - Paid leave for public employees.
Section 659A.285 - Use of paid leave.
Section 659A.290 - Prohibited conduct by employer; records confidential.
Section 659A.312 - Leave of absence to donate bone marrow; verification by employer.
Section 659A.315 - Restricting use of tobacco in nonworking hours prohibited; exceptions.
Section 659A.320 - Discrimination based on information in credit history prohibited; exceptions.
Section 659A.330 - Employee social media account privacy; exception.
Section 659A.347 - Discrimination related to possession of valid driver license.
Section 659A.355 - Discrimination based on wage inquiry or wage complaint; exception.
Section 659A.357 - Restricting salary history inquiries.
Section 659A.360 - Restricting criminal conviction inquiries; exceptions.
Section 659A.362 - Enforcement.
Section 659A.400 - Place of public accommodation defined.
Section 659A.403 - Discrimination in place of public accommodation prohibited.
Section 659A.411 - Definitions for ORS 659A.411 to 659A.415.
Section 659A.413 - Denial of access prohibited; exception.
Section 659A.415 - Liability for damages; physical changes not required.
Section 659A.417 - Violation of ORS 659A.413.
Section 659A.421 - Discrimination in selling, renting or leasing real property prohibited.
Section 659A.425 - Violation based on facially neutral housing policy.
Section 659A.550 - Discrimination because of employment status prohibited; penalties.
Section 659A.805 - Rules for carrying out ORS chapter 659A.
Section 659A.815 - Advisory agencies and intergroup-relations councils.
Section 659A.820 - Complaints.
Section 659A.830 - Authority of commissioner.
Section 659A.835 - Investigation; finding of substantial evidence.
Section 659A.840 - Settlement.
Section 659A.845 - Formal charges.
Section 659A.850 - Hearing; orders; fees.
Section 659A.855 - Civil penalty for certain complaints filed by commissioner.
Section 659A.860 - Settlement agreements and orders.
Section 659A.870 - Election of remedies.
Section 659A.875 - Time limitations.
Section 659A.880 - Ninety-day notice.
Section 659A.885 - Civil action.
Section 659A.890 - Civil action for violation of ORS 659A.865.