216.16 - SIXTY-DAY ADMINISTRATIVE RELEASE.
216.16 SIXTY-DAY ADMINISTRATIVE RELEASE.
1. A person claiming to be aggrieved by an unfair or
discriminatory practice must initially seek an administrative relief
by filing a complaint with the commission in accordance with section
216.15. This provision also applies to persons claiming to be
aggrieved by an unfair or discriminatory practice committed by the
state or an agency or political subdivision of the state,
notwithstanding the terms of the Iowa administrative procedure Act,
chapter 17A.
2. After the proper filing of a complaint with the commission, a
complainant may subsequently commence an action for relief in the
district court if all of the following conditions have been
satisfied:
a. The complainant has timely filed the complaint with the
commission as provided in section 216.15, subsection 13.
b. The complaint has been on file with the commission for at
least sixty days and the commission has issued a release to the
complainant pursuant to subsection 3.
3. a. Upon a request by the complainant, and after the
expiration of sixty days from the timely filing of a complaint with
the commission, the commission shall issue to the complainant a
release stating that the complainant has a right to commence an
action in the district court. A release under this subsection shall
not be issued if any of the following apply:
(1) A finding of no probable cause has been made on the complaint
by the administrative law judge charged with that duty under section
216.15, subsection 3.
(2) A conciliation agreement has been executed under section
216.15.
(3) The commission has served notice of hearing upon the
respondent pursuant to section 216.15, subsection 6.
(4) The complaint is closed as an administrative closure and two
years have elapsed since the issuance date of the closure.
b. Notwithstanding section 216.15, subsection 5, a party may
obtain a copy of all documents contained in a case file where the
commission has issued a release to the complainant pursuant to this
subsection.
4. An action authorized under this section is barred unless
commenced within ninety days after issuance by the commission of a
release under subsection 3. If a complainant obtains a release from
the commission under subsection 3, the commission is barred from
further action on that complaint.
5. Venue for an action under this section shall be in the county
in which the respondent resides or has its principal place of
business, or in the county in which the alleged unfair or
discriminatory practice occurred.
6. The district court may grant any relief in an action under
this section which is authorized by section 216.15, subsection 9, to
be issued by the commission. The district court may also award the
respondent reasonable attorney fees and court costs when the court
finds that the complainant's action was frivolous.
7. It is the legislative intent of this chapter that every
complaint be at least preliminarily screened during the first one
hundred twenty days.
8. This section does not authorize administrative closures if an
investigation is warranted. Section History: Early Form
[C79, 81, § 601A.16] Section History: Recent Form
84 Acts, ch 1096, § 2; 85 Acts, ch 197, §10; 86 Acts, ch 1245, §
263; 88 Acts, ch 1109, §29; 90 Acts, ch 1040, § 1, 2
C93, § 216.16
2003 Acts, ch 44, §114; 2009 Acts, ch 41, §221; 2009 Acts, ch 133,
§83
Referred to in § 216.15, 216.15A, 216.19
For provision governing conflicts between this section and section
216.16A, see § 216.15A, subsection 13