A. 
At the conclusion of the investigation, the staff shall conduct exit interviews and prepare a determination that a complaint is or is not supported by substantial evidence.
B. 
In making a determination, the executive director may consider analogous guidelines and precedents of the federal Equal Employment Opportunity Commission, the Department of Housing and Urban Development, and state and local enforcement agencies, as well as applicable federal and state judicial precedent.
C. 
If the executive director determines that a complaint is not supported by substantial evidence, they shall promptly serve a written determination and closure on the parties. The closure shall contain a brief statement of the reconsideration process.
D. 
If the executive director determines that a complaint is supported by substantial evidence, they shall promptly serve a written determination on the parties.
(AR No. 92-223(S); AR No. 96-174, § 5, 10-22-1996; AO No. 2002-163, § 16, 1-7-2003; AO No. 2021-30(S), § 10, 5-25-2021)
A. 
The executive director may administratively close a complaint in the following instances:
1. 
If the complainant has failed to attend or cooperate in the fact finding conference, as provided in section 5.50.020A;
2. 
If the complainant has otherwise failed to cooperate in the investigation of the complaint;
3. 
If the whereabouts of the complainant are unknown and have remained unknown for at least 30 days despite reasonable efforts to locate the complainant;
4. 
If the commission lacks jurisdiction over the subject matter or a necessary party to the action or is otherwise unable to proceed with the investigation;
5. 
If the complainant refuses to accept a settlement reasonably calculated to make them whole and there are no overriding public interest issues in the complaint;
6. 
If the complaint is settled by the parties;
7. 
If the complainant makes a request to withdraw the complaint which is approved pursuant to section 5.40.060;
8. 
If the commission cannot investigate the complaint because of a conflict of interest. In such case, the complaint may be referred for investigation to the Alaska State Commission for Human Rights or any other appropriate agency with jurisdiction;
9. 
If the complainant files a complaint in court alleging discrimination based on the same facts and issues as are currently pending before the commission;
10. 
If the commission reviews the complaint and makes a determination to prioritize allocation of staff and commission resources among complaints received to eliminate unlawful discriminatory practices in the most cost efficient and effective manner possible, pursuant to the commission's powers authorized under section 5.10.040A.9.
(AR No. 92-223(S); AO No. 2002-163, § 16, 1-7-2003; AO No. 2008-16, § 3, 3-18-2008; AO No. 2021-30(S), §§ 7, 10, 5-25-2021)
A. 
When a complaint has been closed pursuant to section 5.60.010C or 5.60.020A.1 through A.5, the complainant may apply to the chair of the commission for reconsideration. If there is no documentation that the request for reconsideration was served on the respondent, the commission staff shall serve a copy on the respondent.
B. 
A written application for reconsideration shall be filed within 15 days after service of the closure.
C. 
The complainant may request an extension of time in which to apply for reconsideration. The request must be filed with the chair of the commission within 15 days after service of the closure. The chair shall grant or deny the request within five days after it is received. Complainant will then be notified, in writing, if the request for an extension of time to apply for reconsideration is granted or denied.
D. 
The chair shall determine whether a request for reconsideration is timely. If the request is timely, the chair shall appoint a reconsideration panel of three commissioners to review the investigative and reconsideration files. Neither party may present any new information or evidence during reconsideration without providing a reasonable explanation as to why, with due diligence, the newly discovered information or evidence could not have been discovered and submitted to the investigator during the investigation. If the reconsideration panel determines there is a reasonable explanation for a delay in the submission of new evidence, the panel may receive argument and evidence, request additional evidence or take other appropriate action in the course of reaching a decision.
E. 
A request for reconsideration may be granted on the grounds of a mistake in determination of a fact or in the application of the law to the facts. If the request for reconsideration is granted, the matter shall be remanded to the executive director with directions for further action, which may include further investigation.
F. 
If the request for reconsideration is denied, an order shall be issued sustaining the dismissal.
G. 
The reconsideration panel shall meet and grant or deny reconsideration within 30 days of receipt of complainant's request. This 30-day period may be extended upon notice to the complainant. After the panel has made their determination, notice shall be sent to the parties.
(AR No. 92-223(S); AR No. 96-174, § 6, 10-22-1996; AO No. 2002-163, § 16, 1-7-2003; AO No. 2021-30(S), § 7, 5-25-2021)
A. 
If the executive director determines that the allegations of a complaint are supported by substantial evidence, staff shall conduct a conciliation conference with the respondent within 45 days of the substantial evidence determination. The purpose of the conciliation conference is to develop an agreement between the respondent, the complainant, and the commission, and shall require commission approval.
B. 
The respondent shall be given at least 15 days' notice of the conciliation conference date. Notice of a conciliation conference may be combined with a notice of determination issued pursuant to section 5.60.010D.
C. 
The complainant shall not attend the conciliation conference.
D. 
At the conciliation conference, staff shall propose remedies and shall negotiate terms to provide a remedy that is reasonably calculated to make the complainant whole and to eliminate the discriminatory practice or policy.
(AR No. 92-223(S); AO No. 2002-163, § 16, 1-7-2003; AO No. 2021-30(S), § 7, 5-25-2021)
A. 
The executive director shall determine that conciliation efforts have failed when:
1. 
The respondent fails to attend a conciliation conference or advises the staff in writing of its refusal to conciliate; or
2. 
Within 30 days after the conciliation conferences, the respondent refuses to agree to a remedy which is reasonably calculated to make the complainant whole and to eliminate the discriminatory practice or policy.
B. 
If the executive director determines that conciliation efforts have failed pursuant to subsection A of this section, the executive director may proceed in accordance with chapter 5.70.
C. 
The executive director may grant an extension of time to agree to terms of conciliation for good cause shown.
(AR No. 92-223(S); AO No. 2002-163, § 16, 1-7-2003; AO No. 2021-30(S), § 7, 5-25-2021)
A. 
If the respondent agrees to a remedy which the executive director believes is reasonably calculated to make the complainant whole and eliminate the discriminatory practice or policy, the provisions of which are acceptable to the complainant, the executive director shall administratively dismiss the complaint pursuant to section 5.60.020A.6 of this title.
B. 
If the complainant refuses to accept a remedy offered by respondent, which the executive director believes is reasonably calculated to make the complainant whole, the executive director may seek to remedy the discriminatory practice identified in the determination without the complainant's participation, and any agreement reached must be signed by the executive director and respondent; or the executive director may administratively dismiss the complaint.
C. 
If the executive director determines that a public hearing would not advance the purposes of title 5 or represent the best use of commission resources, the executive director shall administratively dismiss the complaint pursuant to section 5.60.020A.10.
(AR No. 92-223(S); AO No. 2002-163, § 16, 1-7-2003; AO No. 2021-30(S), § 7, 5-25-2021)