The commission shall investigate promptly and impartially the matters set out in the filed complaint. If it determines the allegations are supported by substantial evidence, it shall immediately attempt to eliminate the alleged discriminatory act or practice by conference, persuasion and conciliation. If the commission determines the allegations are not supported by substantial evidence, the complaint shall be closed or dismissed. The commission shall, unless good cause is shown, issue its determination within 240 days after the filing of the complaint. If good cause is shown to extend an investigation beyond 240 days, the commission shall notify the parties.
(CAC 8.36.040; AO No. 96-99, § 2, 10-22-1996; AO No. 2002-163, § 14, 1-7-2003; AO No. 2021-30(S), § 6, 5-25-2021)
A. 
After a complaint has been filed, staff shall convene a fact finding conference with the parties to define issues, receive and exchange information relevant to the complaint and response, if any, and negotiate a voluntary resolution of the complaint, if possible, through a pre-determination settlement agreement. Parties shall be permitted to be fully represented by legal counsel at the fact finding conference. Legal counsel shall be entitled to speak and present on behalf of the represented party at the fact finding conference. Legal counsel may not, however, cross-examine the other party and must submit any questions through staff.
B. 
Staff shall provide the following information and instructions to the parties, in writing, at least 21 days prior to the fact finding conference:
1. 
The date, time, and place of the conference;
2. 
The information to be provided by the parties to staff, and the date on which this information is due; and
3. 
The procedures to be followed at the conference.
C. 
Each allegation of the complaint and response, if any, shall be closely examined and fully discussed. Each party shall be allowed a reasonable time to present evidence in support of their position. Staff may limit the number of persons in attendance. Complainant and Respondent may be accompanied by an attorney. In addition, Respondent may choose no more than two representatives to attend and Complainant may choose to be accompanied by a support person.
D. 
(Reserved)
E. 
Staff may take notes at the conference and accept exhibits and documents from the parties. No person may make an audio or video recording of the conference.
F. 
Exhibits and documents received at a fact finding conference may be used as evidence in making a determination pursuant to section 5.60.010.
G. 
Statements made by a party during a fact finding conference may be used as evidence in making a determination pursuant to section 5.60.010 and may be used as evidence at the public hearing held pursuant to chapter 5.70.
H. 
Neither the executive director nor staff may disclose or use as evidence offers or counteroffers of settlement made during a fact finding conference, or use such offers or counteroffers as evidence in making a determination under section 5.60.010 or at the public hearing under chapter 5.70.
I. 
If, at the conclusion of the fact finding conference, additional information is required from either party, staff and the parties shall determine the specific time frame and method required for submission of that additional information.
J. 
A pre-determination settlement agreement must be approved by the executive director or his or her designee.
(AR No. 92-223(S); AR No. 96-174, § 3, 10-22-1996; AO No. 2002-163, § 15, 1-7-2003; AO No. 2015-96(S-1), § 11, 9-29-2015; AO No. 2021-30(S), §§ 6, 10, 5-25-2021)
A. 
The executive director may dismiss a complaint if the complainant fails to attend the fact finding conference or to furnish the information requested in section 5.50.020B.2 of this title, without good cause, or if the executive director has determined that the complainant has unreasonably obstructed the fact finding conference.
B. 
If the respondent fails to timely furnish the information requested in section 5.50.020B.2 of this title, or if the respondent fails to provide responses to a request for essential information or interrogatories, or fails to attend the fact finding conference without good cause or unreasonably obstructs the fact finding conference, the commission's staff shall analyze the available evidence and determine whether the complaint is supported by substantial evidence; staff may seek enforcement of a subpoena or subpoena duces tecum (requiring the production of documents or other evidence) in superior court.
(AR No. 92-223(S); AR No. 96-174, § 4, 10-22-1996; AO No. 2002-163, § 15, 1-7-2003; AO No. 2015-96(S-1), § 12, 9-29-2015; AO No. 2021-30(S), § 6, 5-25-2021)
A. 
The executive director may waive the fact finding conference by providing written notice to the parties:
1. 
Upon receipt of a written request to waive the fact finding conference from either party explaining or stating the reasons for the request; or
2. 
If a fact finding conference is unlikely to significantly aid in the investigation and resolution of a complaint.
(AR No. 92-223(S); AO No. 2002-163, § 15, 1-7-2003)
The staff shall impartially investigate the allegations of a complaint by interviewing witnesses, inspecting documents, and examining written submissions of parties and witnesses. Any party or witness may offer any statements or other evidence for consideration.
(AR No. 92-223(S); AO No. 2002-163, § 15, 1-7-2003)
A. 
The commission, on its own motion, or the executive director with the approval of a panel of three commissioners selected on a rotating basis by the Commission Chair, may initiate a general investigation to determine the extent to which an individual, group, corporation, business, industry, agency, or organization is complying with the provisions of chapter 5.20.
B. 
In the course of a general investigation, the executive director may require the submission of information by an individual, group, corporation, business, industry, agency or organization being investigated, concerning the race, color, sex, religion, national origin, marital status, age, or physical or mental disability, of any employee or other person, if available, and all other information relevant to the investigation.
C. 
A general investigation may be as broad in scope as may be necessary to effectuate the purposes of title 5.
(AR No. 92-223(S); AR No. 93-266, § 1, 10-15-1993; AO No. 2002-163, § 15, 1-7-2003; AO No. 2021-30(S), § 6, 5-25-2021)
A. 
After a complaint is filed, the executive director may issue written interrogatories, requests for production, and requests for admissions to any party.
B. 
After issuance of a determination of conciliation failure, a party may serve interrogatories, requests for production, and requests for admissions upon any other party.
C. 
Interrogatories, requests for production, and requests for admissions may address any matter not privileged which is relevant to the subject matter involved in the pending action. Information sought need not be admissible at the hearing, if it appears reasonably calculated to lead to the discovery of admissible evidence.
D. 
A party shall respond in writing to the interrogatories, requests for production, and requests for admissions within 30 days after the date of receipt. Upon written request and a showing of good cause, the executive director may extend the time within which the response may be completed and returned to the executive director.
E. 
A party may file with the executive director written objections to an interrogatory, request for production, or request for admission. Objections shall be submitted on a document separate from the document containing answers to interrogatories, and shall include a statement of the reason(s) for each objection. All objections shall be submitted within the 30 days allowed for responding to interrogatories, requests for production, and requests for admissions. Untimely objections shall not be considered.
F. 
The executive director shall submit a party's objections, along with staff's written response, to the chair of the commission, who shall either sustain the objection or order that the interrogatory, request for production, or request for admission be answered within 15 days after receipt of the chair's order by the objecting party.
G. 
In the event that a party fails to respond fully or object to an interrogatory, request for production, or request for admission or to obtain an extension of time within 30 days after being served, the executive director shall file with the chair, a motion to compel production and/or response.
(AR No. 92-223(S); AO No. 2002-163, § 15, 1-7-2003; AO No. 2008-16, § 2, 3-18-2008)
A. 
Before issuance of a determination of conciliation failure:
1. 
The executive director may issue a subpoena upon his or her own motion or upon written request and good cause shown by a party, whenever necessary to compel the attendance and testimony of witnesses at interviews, conferences, hearings or depositions. Before issuance of a determination of conciliation failure, the executive director may issue a subpoena duces tecum whenever necessary to compel the production of books, records, papers, payroll or personnel records, correspondence, documents or any other evidence relating to any matter under investigation before the commission.
2. 
Within five days after the service on a person of a subpoena requiring the production of any evidence in his or her possession or under his or her control, that person may file a motion requesting the commission chair to revoke the subpoena. The commission chair shall revoke the subpoena if it finds the evidence required to be produced does not relate to any matter under investigation, or the subpoena does not describe with sufficient particularity the evidence required to be produced.
B. 
The party requesting the subpoena shall be responsible for serving the subpoena.
C. 
A subpoena served under this section is enforceable in superior court. In the event that a person issued a subpoena does not respond, the executive director or the chair shall proceed with the civil remedy set forth in Anchorage Municipal Code section 5.80.010B, or 5.80.030B, by seeking an appropriate order from the court.
(AR No. 92-223(S); AO No. 2002-163, § 15, 1-7-2003; AO No. 2021-30(S), § 6, 5-25-2021)