Probable Cause or No Probable Cause

 

An authorized member of the Commission staff shall make a prompt investigation and shall issue a recommendation to an administrative law judge under the jurisdiction of the Commission, who shall then issue a determination of probable cause or no probable cause.

If the administrative law judge concurs with the investigating official that probable cause exists regarding the allegations of the complaint, the staff of the commission shall promptly endeavor to eliminate the discriminatory or unfair practice by conference, conciliation, and persuasion. If the administrative law judge finds that no probable cause exists, the administrative law judge shall issue a final order dismissing the complaint and shall promptly mail a copy to the complainant and to the respondent by certified mail.

Iowa Code section 216.15(3).

 

After a complaint has been filed, the executive director or a designated staff member shall assign a member of the investigatory staff to make a prompt investigation of the complaint. The investigator shall review all of the evidence and make a recommendation of probable cause or no probable cause or other appropriate action to the administrative law judge designated to issue findings. The administrative law judge shall review the case file and issue an independent determination of probable cause or no probable cause, or other appropriate action.

Where the administrative law judge rejects the recommendation of the staff, the reasons shall be stated in writing and placed in the case file.

Both the complainant and respondent shall be notified of the decision in writing by certified mail within 15 days of the administrative law judge's decision.

161 Iowa Admin Code section 3.13.

 

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