Alaska Stat. » Chapter 18.80

Alaska Stat. § 18.80.112

Dismissal of complaint without prejudice

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Sec. 18.80.112. Dismissal of complaint without prejudice.
 (a) If an investigation of a complaint under AS 18.80.110 fails to discover substantial evidence of an unlawful discriminatory practice under this chapter, the executive director shall issue an order dismissing the complaint without prejudice.

 (b) At any time before the issuance of an accusation under AS 18.80.120, the executive director may dismiss without prejudice a complaint if the executive director determines that
     (1) the complainant's objection to a proposed agreement under AS 18.80.110 is unreasonable;

     (2) the complainant is unavailable or unwilling to participate in a hearing;

     (3) relief is precluded by the absence of the person alleged to have engaged in the discriminatory practice;

     (4) the person aggrieved by the discriminatory practice has initiated or has notified in writing the commission of the intent to initiate an action or proceeding in another forum based on the same facts;

     (5) a hearing will not represent the best use of commission resources;

     (6) a hearing will not advance the purposes stated in AS 18.80.200; or

     (7) the probability of success of the complaint on the merits is low.

 (c) The commission, in its discretion, may, but is not required to, review the executive director's order of dismissal under (a) or (b) of this section and may affirm the order, remand the complaint for further investigation, or, if the commission concludes that substantial evidence supports the complaint of an unlawful discriminatory practice, refer the complaint for conference, conciliation, and persuasion as provided in AS 18.80.110, or for hearing.

 (d) Dismissal under this section does not prevent a complainant from
     (1) initiating an action or proceeding in another forum; or

     (2) filing a new complaint under AS 18.80.100 that resolves the grounds for the dismissal under this section.




Notes of Decisions
Cited in 13 cases, 2008–2020 · leading case: Toliver v. Alaska State Commission for Human Rights
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Toliver v. Alaska State Commission for Human Rights (2012) alaska · cites it 2× “These reasons include that the complainant has indicated an intent to bring an action based on the same facts in another forum, that the hearing will not represent the best use of Commission resources or advance the purposes of eliminating or preventing discrimination, or that…”
Alaska State Commission for Human Rights v. Anderson (2018) alaska · cites it 2× “”8 The Commission’s staff is authorized by regulation to use a variety of investigative methods.”
Huit v. Ashwater Burns, Inc. (2016) alaska “24 1365, 1370 (Alaska 1995), superseded by statute on other grounds, AS 18.80.112(b)). 53 . Ostman v. State, Commercial Fisheries Entry Comm'n, 678 P.”
Grundberg v. Alaska State Communication for Human Rights (2014) alaska · cites it 15× “CONCLUSION We agree with the Commission's legal determination that Grundberg's 2012 complaint in superior court was "based on the same facts" as her 2007 complaint to the Commission within the meaning of AS 18.”
Conitz v. Alaska State Commission for Human Rights (2014) alaska “2d 1365, 1377 (Alaska 1995) (holding that the existence of discrimination is a factual question that cannot be resolved without a hearing), superseded by statute, AS 18.80.112(b). 47 . Doe v. State, 487 P.”
Rodriguez v. Alaska State Commission for Human Rights (2015) alaska · cites it 4× “If the Commission's investigation reveals substantial evidence of discrimination the Commission may refer the complaint for a hearing.”
Grundberg v. Alaska State Commission for Human Rights (2012) alaska · cites it 2× “The Commission notes in a footnote to its brief that its executive director has discretion to dismiss a complaint if she determines that one of the factors listed in AS 18.80.112(b) applies. The Commission is correct that the executive director has such discretion, which she may…”
Parson v. STATE, DEPT. OF REVENUE (2008) alaska · cites it 2× “This was clarified and confirmed by the legislative enactment of AS 18.80.112, effective in 2006. Ch. 63, §§ 4 & 14, SLA 2006.”
Ross v. Alaska State Comm'n for Human Rights (2019) alaska · cites it 2× “2d 1365 , 1375 (Alaska 1995), superseded on other grounds by statute, AS 18.80.112(b), as recognized in Huit v.”
Yankee v. City and Borough of Juneau (2017) alaska “2d 1365, 1373-74 (Alaska 1995) (noting the compulsory language of the agency's statutory mandate and observing that "if the Commission wants its staff to have this discretionary authority, it must be obtained from the legislature, not the judiciary”), superseded by statute, AS…”
Russell Baker v. Alaska State Commission for Human Rights and Federal Express Corporation (2020) alaska · cites it 14× “110); describe the grounds on which the Commission can dismiss a complaint without prejudice (AS 18.80.112); describe procedures for a hearing if conciliation procedures fail after the Commission finds substantial evidence of discrimination (AS 18.”
Harry Ross v. State of Alaska Human Rights Commission (2019) alaska · cites it 2× “When Ross filed his complaint, the Commission was authorized to dismiss complaints only for lack of substantial evidence; in 2006 the legislature enacted AS 18.”
Show all 13 citing cases →
— Alaska Stat. § 18.80.112(a) — 2 cases
Rodriguez v. Alaska State Commission for Human Rights (2015) alaska “If the Commission's investigation reveals substantial evidence of discrimination the Commission may refer the complaint for a hearing.”
Grundberg v. Alaska State Communication for Human Rights (2014) alaska “CONCLUSION We agree with the Commission's legal determination that Grundberg's 2012 complaint in superior court was "based on the same facts" as her 2007 complaint to the Commission within the meaning of AS 18.”
— Alaska Stat. § 18.80.112(b) — 11 cases
Toliver v. Alaska State Commission for Human Rights (2012) alaska “These reasons include that the complainant has indicated an intent to bring an action based on the same facts in another forum, that the hearing will not represent the best use of Commission resources or advance the purposes of eliminating or preventing discrimination, or that…”
Huit v. Ashwater Burns, Inc. (2016) alaska “24 1365, 1370 (Alaska 1995), superseded by statute on other grounds, AS 18.80.112(b)). 53 . Ostman v. State, Commercial Fisheries Entry Comm'n, 678 P.”
Conitz v. Alaska State Commission for Human Rights (2014) alaska “2d 1365, 1377 (Alaska 1995) (holding that the existence of discrimination is a factual question that cannot be resolved without a hearing), superseded by statute, AS 18.80.112(b). 47 . Doe v. State, 487 P.”
Grundberg v. Alaska State Commission for Human Rights (2012) alaska “The Commission notes in a footnote to its brief that its executive director has discretion to dismiss a complaint if she determines that one of the factors listed in AS 18.80.112(b) applies. The Commission is correct that the executive director has such discretion, which she may…”
Rodriguez v. Alaska State Commission for Human Rights (2015) alaska “If the Commission's investigation reveals substantial evidence of discrimination the Commission may refer the complaint for a hearing.”
— Alaska Stat. § 18.80.112(b)(4) — 1 case
Grundberg v. Alaska State Communication for Human Rights (2014) alaska “CONCLUSION We agree with the Commission's legal determination that Grundberg's 2012 complaint in superior court was "based on the same facts" as her 2007 complaint to the Commission within the meaning of AS 18.”
— Alaska Stat. § 18.80.112(b)(5) — 1 case
Russell Baker v. Alaska State Commission for Human Rights and Federal Express Corporation (2020) alaska “110); describe the grounds on which the Commission can dismiss a complaint without prejudice (AS 18.80.112); describe procedures for a hearing if conciliation procedures fail after the Commission finds substantial evidence of discrimination (AS 18.”
— Alaska Stat. § 18.80.112(b)(6) — 1 case
Russell Baker v. Alaska State Commission for Human Rights and Federal Express Corporation (2020) alaska “110); describe the grounds on which the Commission can dismiss a complaint without prejudice (AS 18.80.112); describe procedures for a hearing if conciliation procedures fail after the Commission finds substantial evidence of discrimination (AS 18.”
— Alaska Stat. § 18.80.112(b)(d) — 1 case
Grundberg v. Alaska State Communication for Human Rights (2014) alaska “CONCLUSION We agree with the Commission's legal determination that Grundberg's 2012 complaint in superior court was "based on the same facts" as her 2007 complaint to the Commission within the meaning of AS 18.”
— Alaska Stat. § 18.80.112(d) — 1 case
Parson v. STATE, DEPT. OF REVENUE (2008) alaska “This was clarified and confirmed by the legislative enactment of AS 18.80.112, effective in 2006. Ch. 63, §§ 4 & 14, SLA 2006.”
— Alaska Stat. § 18.80.112(d)(2) — 1 case
Grundberg v. Alaska State Communication for Human Rights (2014) alaska “CONCLUSION We agree with the Commission's legal determination that Grundberg's 2012 complaint in superior court was "based on the same facts" as her 2007 complaint to the Commission within the meaning of AS 18.”
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