§ 28-5-18 - Complaint and notice of hearing.
SECTION 28-5-18
§ 28-5-18 Complaint and notice of hearing.– (a) If the commission fails to effect the elimination of the unlawfulemployment practices and to obtain voluntary compliance with this chapter, or,if the circumstances warrant, in advance of any preliminary investigation orendeavors, the commission shall have the power to issue and cause to be servedon any person or respondent a complaint stating the charges in that respect andcontaining a notice of hearing before the commission, a member of thecommission, or a hearing examiner at a place fixed in the complaint to be heldnot less than ten (10) days after the service of the complaint.
(b) Any complaint issued pursuant to this section must beissued within two (2) years after a signed and notarized charge has been filedwith the Commission pursuant to § 28-5-17.
(c) No proceeding which was pending under this chapter onApril 5, 1996 shall be subject to dismissal on the basis of the Commission'sfailure to issue a complaint within one year after the alleged unfairemployment practice occurred or has been applied to affect adversely the personaggrieved, where that charge was filed with the Commission within one yearafter the alleged unfair employment practice occurred or has been applied toaffect adversely the person aggrieved, whichever is later, and the respondenthad agreed to extend or waive the one year period of limitations.