3-6-208 - Sanctions for unsubstantiated complaints Immunity.
3-6-208. Sanctions for unsubstantiated complaints Immunity.
(a) If the commission determines that a person:
(1) Filed a complaint or provided information that resulted in an investigation knowing that the material statements in the complaint or the information provided was not true;
(2) Filed an unsubstantiated complaint in reckless disregard of the truth or falsity of the statements contained in the complaint; or
(3) Filed one (1) or more unsubstantiated complaints that constituted abuse of process,
then the complainant is subject to the civil penalties authorized by § 3-6-205(a)(2) and may be liable for any reasonable costs and reasonable attorney fees the alleged violator has incurred. The commission may also decline to consider any further complaints brought by the complainant.
(b) The sanctions authorized by subsection (a) are not exclusive and do not preclude any other remedies or rights of action the alleged violator may have against the complainant or informant under the law; provided, that any person who in good faith files a verified complaint or any person, official, or agency that gives credible information that results in a formal complaint filed by the commission is immune from any civil liability that otherwise might result by reason of such actions.
[Acts 2006 (1st Ex. Sess.) ch. 1, § 27.]