§ 5.60.020. Administrative closure.

A.

The executive director may administratively close a complaint in the following instances:

1.

If the complainant has failed to attend or cooperate in the fact finding conference, as provided in subsection 5.50.020A. of this title;

2.

If the complainant has otherwise failed to cooperate in the investigation of the complaint;

3.

If the whereabouts of the complainant are unknown and have remained unknown for at least 30 days despite reasonable efforts to locate the complainant;

4.

If the commission lacks jurisdiction over the subject matter or a necessary party to the action or is otherwise unable to proceed with the investigation;

5.

If the complainant refuses to accept a settlement reasonably calculated to make him or her whole and there are no overriding public interest issues in the complaint, except in complaints filed under Anchorage Municipal Code chapter 5.25;

6.

If the complaint is settled by the parties;

7.

If the complainant makes a request to withdraw the complaint which is approved pursuant to section 5.40.060 of this title;

8.

If the commission cannot investigate the complaint because of a conflict of interest. In such case, the complaint may be referred for investigation to the Alaska State Commission for Human Rights or any other appropriate agency with jurisdiction.

9.

If the complainant files a complaint in court alleging discrimination based on the same facts and issues as are currently pending before the commission.

10.

If the commission reviews the complaint and makes a determination to prioritize allocation of staff and commission resources among complaints received to eliminate unlawful discriminatory practices in the most cost efficient and effective manner possible, pursuant to the commission's powers authorized under section 5.10.040A.9.

(AR No. 92-223(S); AO No. 2002-163, § 16, 1-7-03; AO No. 2008-16, § 3, 3-18-08)

Note— Formerly AMCR 5.40.005. See the Code Comparative Table.