Mont. Code Ann. » TITLE 49. HUMAN RIGHTS · CHAPTER 2. ILLEGAL DISCRIMINATION · Part 5. Enforcement
Montana Code Annotated

Mont. Code Ann. § 49-2-504 (2026)

Informal Investigation -- Conciliation -- Findings

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 49
  3. CHAPTER 2
  4. Part 5
  5. 49-2-504 Informal investigation -- conciliation -- findings

TITLE 49. HUMAN RIGHTS

CHAPTER 2. ILLEGAL DISCRIMINATION

Part 5. Enforcement

Informal Investigation -- Conciliation -- Findings

49-2-504. Informal investigation -- conciliation -- findings. (1) The department shall informally investigate the matters set out in the complaint promptly and impartially to determine whether there is reasonable cause to believe that the allegations are supported by a preponderance of the evidence.

(2) (a) During the informal investigation process and before the department issues a finding under subsection (7), the department may attempt to resolve the complaint by mediation.

(b) If the parties to the complaint voluntarily agree to enter into the mediation process, the time period for the department to complete the informal investigation and issue a finding under subsection (7) may be extended up to 45 days. An agreement to enter into mediation serves to extend the time for hearing beyond 12 months as provided for in 49-2-505(2).

(c) If the department makes a finding under subsection (7)(c) that there is reasonable cause to believe that unlawful discrimination occurred, the department shall attempt to resolve the complaint by conciliation in a manner that, in addition to providing redress for the complaint, includes conditions that eliminate the discriminatory practice, if any, found in the investigation.

(3) The department shall, within 10 business days following receipt of a filed complaint, notify a respondent that the respondent is the subject of a filed complaint. The notification must be in writing and must include a copy of the filed complaint. If requested, the department shall also provide the parties with all other information related to the complaint in the possession of the department that is not currently in the possession of the parties or a party. The department shall make known to the parties the fact that information is available upon request. The department may not investigate a complaint until it has received notice that the respondent has received the department's notification of the complaint.

(4) If the department determines that the inclusion of documents or information obtained by the department would seriously impede the rights of a person or the proper investigation of the complaint, the information may be excluded from the notification by providing a written summary of the information. The written summary must include sufficient information to give maximum effect to the intent of this chapter.

(5) The respondent shall file an answer to a complaint filed with the department within 10 business days of the respondent's receipt of the complaint. An answer may be a response simply admitting or denying the allegations without further specificity or requesting additional information from the department. The time for filing an answer may be extended by a showing of good cause.

(6) The department shall commence proceedings within 30 days after receipt of a complaint.

(7) (a) After the informal investigation, the department shall issue a finding on whether there is reasonable cause to believe that a preponderance of the evidence supports the charging party's allegation of unlawful discrimination. Unless the time period is extended as provided in subsection (2)(b), the finding must be issued within 180 days after a complaint is filed, except that the department shall issue the finding within 120 days after a complaint is filed under 49-2-305.

(b) If the department finds that there is no reasonable cause to believe that unlawful discrimination occurred, it shall issue a notice of dismissal and dismiss the case from the department's administrative process. After receipt of a notice of dismissal, a charging party may:

(i) continue the administrative process by filing objections with the commission as provided in 49-2-511; or

(ii) discontinue the administrative process and commence proceedings in district court as provided in 49-2-511.

(c) If the department finds that there is reasonable cause to believe that unlawful discrimination occurred and conciliation efforts are unsuccessful, the department shall certify the complaint for hearing pursuant to 49-2-505.

History: En. 64-308 by Sec. 5, Ch. 283, L. 1974; amd. Sec. 6, Ch. 524, L. 1975; R.C.M. 1947, 64-308(4); amd. Sec. 9, Ch. 467, L. 1997; amd. Sec. 3, Ch. 28, L. 2007; amd. Sec. 5, Ch. 205, L. 2011.

Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1981–2025 · leading case: Griffith v. Butte Sch. Dist. No. 1, 2010 MT 246 (Mont. 2010).
Sort: Relevance Newest Treatment
Griffith v. Butte Sch. Dist. No. 1, 2010 MT 246 (Mont. 2010). · cites it 33× “The 2007 Legislature added new subsection (7)(b) to the then-existing § 49-2-504, MCA: (7)(b) If the department finds that there is no reasonable cause to believe that unlawful discrimination occurred, it shall issue a notice of dismissal and dismiss the case from the…”
Saucier Ex Rel. Mallory v. McDonald's Restaurants of Montana, Inc., 2008 MT 63 (Mont. 2008). · cites it 18× “Section 49-2-504(1)(a), MCA. If the Department determines that the allegations are supported by a preponderance of the evidence, it must "attempt to achieve a resolution of the complaint by conference, conciliation, and persuasion.”
Borges v. Missoula Cnty. Sheriff's Off., 2018 MT 14 (Mont. 2018). · cites it 3× “A party filing a complaint with the HRB may "amend a complaint to cure defects or omissions .”
Vainio v. Brookshire, 852 P.2d 596 (Mont. 1993). · cites it 5× “Section 49-2-504, *600 MCA, requires the HRC to informally investigate discrimination complaints filed with the Commission.”
Bates v. Neva, 2014 MT 336 (Mont. 2014). · cites it 4× “It is not the Court’s role to “insert what has been omitted” and interpret 2 At the end of his brief, Bates argues in a single paragraph that, even if we find that the MHRA regulates discrimination in commercial real estate transactions, we should not apply that holding to this…”
Hansen v. Bozeman Police Dep't, 2015 MT 143 (Mont. 2015). · cites it 7× “Section 49-2-504(1), (2), MCA. The Department must issue a finding based upon the facts of the case as to whether there is reasonable cause to believe that unlawful discrimination has occurred.”
Walker v. Anaconda Co., 520 F. Supp. 1143 (D. Mont. 1981). “MCA § 49-2-504 (1979). 6 . MCA § 49-2—506(1)(b) (1979).”
Univ. of Montana Found. v. Human Rights Comm'n, 726 P.2d 817 (Mont. 1986). · cites it 12× “Section 49-2-504, MCA, requires the staff to make such a determination and then attempt to settle the case and eliminate the discriminatory practice through conference, conciliation, and persuasion.”
Fayant v. ALK-Abello, Inc. (D. Mont. 2025). · cites it 2× “” Mont. Code Ann. § 49-2-504 (1). The claimant may not file a lawsuit in a district court based on the alleged discriminatory practice until the Act’s administrative procedures have been exhausted.”
Strable v. Carisch, 2024 MT 186 (Mont. 2024). · cites it 2× “After the HRB’s reasonable cause determination, the parties entered into a conciliation process as set forth in § 49-2-504(2)(c), MCA, and Admin. R. M. 24.”
Edwards v. Cascade Co. Sher, 2009 MT 451 (Mont. 2009). · cites it 2× “§ 1983 , 5 A “right to sue” letter is the practitioner’s term derived from usage and the subtext of § 49-2-504(7)(b), MCA. 8 in addition to Edwards’ alleged right to privacy violation.”
— Mont. Code Ann. § 49-2-504(1) — 3 cases
Borges v. Missoula Cnty. Sheriff's Off., 2018 MT 14 (Mont. 2018). “A party filing a complaint with the HRB may "amend a complaint to cure defects or omissions .”
Griffith v. Butte Sch. Dist. No. 1, 2010 MT 246 (Mont. 2010). “The 2007 Legislature added new subsection (7)(b) to the then-existing § 49-2-504, MCA: (7)(b) If the department finds that there is no reasonable cause to believe that unlawful discrimination occurred, it shall issue a notice of dismissal and dismiss the case from the…”
Hansen v. Bozeman Police Dep't, 2015 MT 143 (Mont. 2015). “Section 49-2-504(1), (2), MCA. The Department must issue a finding based upon the facts of the case as to whether there is reasonable cause to believe that unlawful discrimination has occurred.”
— Mont. Code Ann. § 49-2-504(1)(a) — 1 case
Saucier Ex Rel. Mallory v. McDonald's Restaurants of Montana, Inc., 2008 MT 63 (Mont. 2008). “Section 49-2-504(1)(a), MCA. If the Department determines that the allegations are supported by a preponderance of the evidence, it must "attempt to achieve a resolution of the complaint by conference, conciliation, and persuasion.”
— Mont. Code Ann. § 49-2-504(2)(c) — 1 case
Strable v. Carisch, 2024 MT 186 (Mont. 2024). “After the HRB’s reasonable cause determination, the parties entered into a conciliation process as set forth in § 49-2-504(2)(c), MCA, and Admin. R. M. 24.”
— Mont. Code Ann. § 49-2-504(7) — 2 cases
Griffith v. Butte Sch. Dist. No. 1, 2010 MT 246 (Mont. 2010). “The 2007 Legislature added new subsection (7)(b) to the then-existing § 49-2-504, MCA: (7)(b) If the department finds that there is no reasonable cause to believe that unlawful discrimination occurred, it shall issue a notice of dismissal and dismiss the case from the…”
Hansen v. Bozeman Police Dep't, 2015 MT 143 (Mont. 2015). “Section 49-2-504(1), (2), MCA. The Department must issue a finding based upon the facts of the case as to whether there is reasonable cause to believe that unlawful discrimination has occurred.”
— Mont. Code Ann. § 49-2-504(7)(a) — 1 case
Bates v. Neva, 2014 MT 336 (Mont. 2014). “It is not the Court’s role to “insert what has been omitted” and interpret 2 At the end of his brief, Bates argues in a single paragraph that, even if we find that the MHRA regulates discrimination in commercial real estate transactions, we should not apply that holding to this…”
— Mont. Code Ann. § 49-2-504(7)(b) — 3 cases
Griffith v. Butte Sch. Dist. No. 1, 2010 MT 246 (Mont. 2010). “The 2007 Legislature added new subsection (7)(b) to the then-existing § 49-2-504, MCA: (7)(b) If the department finds that there is no reasonable cause to believe that unlawful discrimination occurred, it shall issue a notice of dismissal and dismiss the case from the…”
Hansen v. Bozeman Police Dep't, 2015 MT 143 (Mont. 2015). “Section 49-2-504(1), (2), MCA. The Department must issue a finding based upon the facts of the case as to whether there is reasonable cause to believe that unlawful discrimination has occurred.”
Edwards v. Cascade Co. Sher, 2009 MT 451 (Mont. 2009). “§ 1983 , 5 A “right to sue” letter is the practitioner’s term derived from usage and the subtext of § 49-2-504(7)(b), MCA. 8 in addition to Edwards’ alleged right to privacy violation.”
— Mont. Code Ann. § 49-2-504(7)(b)(ii) — 1 case
Griffith v. Butte Sch. Dist. No. 1, 2010 MT 246 (Mont. 2010). “The 2007 Legislature added new subsection (7)(b) to the then-existing § 49-2-504, MCA: (7)(b) If the department finds that there is no reasonable cause to believe that unlawful discrimination occurred, it shall issue a notice of dismissal and dismiss the case from the…”
— Mont. Code Ann. § 49-2-504(7Xa) — 1 case
Bates v. Neva, 2014 MT 336 (Mont. 2014). “It is not the Court’s role to “insert what has been omitted” and interpret 2 At the end of his brief, Bates argues in a single paragraph that, even if we find that the MHRA regulates discrimination in commercial real estate transactions, we should not apply that holding to this…”
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