14-02.4-23. Complaints - Probable cause - Administrative hearing

14-02.4-23. Complaints - Probable cause - Administrative hearing 1. The department shall investigate complaints of alleged discriminatory practices. An aggrieved person may file a complaint with the department alleging the discriminatory practice. The department may file a complaint. A complaint must be in writing and in the form prescribed by the department. 2. Unless the complaint is resolved through informal negotiations, conciliation, or is otherwise administratively closed, the department shall determine from the facts whether probable cause exists to believe that a discriminatory practice has occurred with regard to one or more of the claims of the aggrieved person's complaint. If the department determines that no probable cause exists to believe that a discriminatory practice has occurred with regard to one or more of the claims of the aggrieved person's complaint, the department shall promptly dismiss all or a portion of the complaint. 3. If the department determines that probable cause exists to believe that a discriminatory practice has occurred and is unable to resolve the complaint through informal negotiations or conciliation, the department shall issue a probable cause determination and provide for an administrative hearing in the manner provided in chapter 28-32 on the complaint. 4. A probable cause determination is prima facie evidence of a violation of this chapter. 5. If a claim filed by an aggrieved person proceeds to a hearing, the aggrieved person is a party in the hearing. The aggrieved person may be accompanied, advised, and represented throughout the proceeding by a representative chosen by the employee, including private counsel. Neither the department nor the attorney general may represent an aggrieved person at a hearing under this chapter. The attorney general, at the request of and on behalf of the department, may participate in the hearing and advocate in favor of the department's finding of probable cause. 6. If a claim filed by the department proceeds to a hearing, the department is a party in the hearing. The attorney general shall represent the department in any action or proceeding under this chapter.