Section 6.30.340. Conciliation procedures.

	(a)  The commission's staff will provide the parties with proposed terms of conciliation along with the determination that a complaint is supported by substantial evidence. The commission's staff will propose remedies for each issue and individual identified in the determination.  
	(b)  If the commission's staff negotiates conciliation terms that provide a remedy for a person who is not named in the complaint but identified in the determination, the commission's staff will invite the person identified to accept or reject the remedy.  
	(c)  The commission's staff or either party shall direct to the class identified in the findings the best notice practicable to those class members who can be identified through reasonable effort.  
	(d)  Conciliation by the commission will not prevent an individual who has not filed a complaint from seeking relief outside of the conciliation agreement.  
	(e)  Conciliation terms must be agreed to within 30 days after service of the conciliation agreement proposed by the commission's staff. The executive director may grant an extension of time to agree to the terms of conciliation up to 30 days for good cause shown. The executive director will determine that conciliation efforts have failed if  
		(1) the respondent fails to discuss conciliation in a timely manner with the commission's staff;  
		(2) the commission's staff and the parties do not resolve the issues alleged in the complaint; or  
		(3) the respondent fails to fulfill its obligations under the conciliation agreement.  
	(f)  For complaints filed  
		(1) before September 13, 2006, if the executive director determines that conciliation efforts have failed, the executive director shall inform the commission's chairperson in writing and refer the complaint to the commission for hearing;  
		(2) on or after September 13, 2006, if the executive director determines that conciliation efforts have failed, the executive director shall inform the commission's chairperson in writing and shall, within 45 days of the determination of the failure, refer the complaint to the commission for hearing or dismiss without prejudice the complaint in accordance with AS 18.80.112(b); a referral must be accompanied by an accusation as provided in AS 18.80.120 and must be served on the parties in person or by certified mail, return receipt requested; if the executive director dismisses the complaint, the executive director must give notice  to the commission and serve the parties in person or by regular mail.   
	(g)  The executive director may dismiss without prejudice a compliant when the complainant refuses to accept conciliation terms offered by the respondent which the executive director believes are reasonable. Dismissal for this reason does not prevent a complainant from seeking a remedy in other forums or filing a new complaint under AS 18.80.100 that resolves the grounds for dismissal.  
	(h)  The commission's staff will attempt conciliation on behalf of a class of persons identified through investigation as described in 6 AAC 30.330(b) even if the individual complainant fails to participate in or cooperate with conciliation efforts. Complainant's refusal to cooperate will not prevent a settlement on behalf of the class members or result in a determination that conciliation efforts on behalf of the class are unsuccessful.  

Authorities

18.80.050;18.80.060;18.80.100;18.80.110;18.80.112

Notes

Authority

AS 18.80.050 AS 18.80.060 AS 18.80.100 AS 18.80.110 AS 18.80.112 Editor's note: 6 AAC 30.340(a), (b), (c), (d) and (f) were based on 6 AAC 30.020(b) and (d). The history notes dated before 3/12/81 which follow 6 AAC 30.340 refer to the former sections.

History

Eff. 12/7/63, Register 13; am 11/2/74, Register 52; am 6/6/75, Register 54; am 1/14/77, Register 61; am 5/2/79, Register 70; am 3/12/81, Register 77; am 3/31/90, Register 113; am 12/14/2007, Register 184

References

6.30.340;6.30.020