Application of rule.
The provisions of this rule apply only to
commission decisions and actions taken prior to the issuance of the notice of
hearing described in rule
a. At any time during which the commission
would be required to issue a right-to-sue letter if the complainant were to
request one, the commission may, in its discretion, reopen and reconsider any
administrative closure of the commission.
b. The parties shall be notified whenever the
commission is considering the reopening of a matter closed by an
"administrative closure," which notification shall include the reasons therefor
The parties shall be afforded no less than 14 and no more than 30 days to
submit their positions, in writing, on the reopening.
The commission may reopen and reconsider
an administrative closure where the commission finds that the administrative
closure was substantially influenced by any of the following grounds:
(1) Willfully false information provided to
the commission concerning a material issue in the case;
(2) Fraud perpetrated upon the commission by
a witness, the respondent, or some person not the complainant;
(3) Material misrepresentations made by the
respondent to the commission or complainant; or
(4) Gross and material error by the
a. Except where
specifically otherwise provided, a complainant or respondent may apply for
reopening of a previously closed proceeding.
b. The commission shall grant reopening upon
good cause shown by the applicant.
c. An application for reopening under this
subrule must be in writing alleging the grounds and must be filed within 30
days after the issuance of the decision or action to be reconsidered.
d. Written objections to a commission closure
shall be liberally construed, where appropriate, as an application for
application for reopening is disposed of by summary denial, all parties shall
be notified whenever an application for reopening is made. A copy of the
request for reopening along with the grounds asserted in the request shall be
provided to all respondents. The parties shall be afforded no less than 14 and
no more than 30 days to submit their positions, in writing, on the motion for
The commission may summarily deny an application for reopening
without seeking additional information and without following any of the
procedures set forth in paragraph 3.16(3)"e. " Summary denial
is appropriate when the application for reopening either fails to assert any
grounds for reopening or asserts grounds which are inadequate to justify
commission, a commissioner, the executive director or designee may grant or
deny the application for reopening. If the application for reopening is
granted, the matter shall be referred back to the investigating staff If no
further investigation is required, the commission shall decide the matter on
the accumulated record of the case. Each of the parties shall be informed of
the action taken on the application to reopen, in writing, either by regular or
g. When the
commission denies an application for reopening of an administrative closure,
the notice of the denial may be made by regular mail. The date of the denial is
the date the denial decision is mailed. The date of mailing is presumed to be
the date on the cover letter accompanying the denial unless this date is shown
to be in error
No probable cause determination reopening.
In addition to the
reopening provisions of subrule 3.16(3), within one year after issuance of a no
probable cause, the commission may, in its discretion, reopen and reconsider
that no probable cause order where either:
The commission finds that the no probable cause order was influenced in
substantial part by any of the following:
Fraud perpetrated upon the commission by some person who is not the
misrepresentations made by the respondent to the commission or
than 30 days have elapsed since the issuance of the no probable cause order and
the commission determines, in its discretion, that the interests of justice
require the matter to be reopened and reconsidered.
mediation, satisfactorily adjusted and withdrawal reopening,
(1) Application. A party to a settlement
agreement may, within 90 days of the date respondent's performance under the
agreement was to be completed, apply for reopening of a case which has been
closed as satisfactorily adjusted on the grounds that the other party has
materially breached the agreement. The commission shall not consider such an
application for reopening if the commission is a party to the agreement alleged
to have been breached. Also, the commission shall not consider such an
application for reopening unless, as a part thereof, the party seeking the
reopening agrees in writing that if the reopening is granted the agreements
allegedly breached shall be null and void, and that such party waives and
releases any rights to seek specific performance or damages for the alleged
breach in court. If the commission finds that the agreement has been materially
breached and that the respondent did not negotiate the agreement in good faith,
the case shall be reopened.
Notification of parties. All parties shall be notified that an application for
reopening has been made. A copy of the request for reopening along with the
grounds asserted in the request for reopening shall be provided to all
respondents. The parties shall be afforded no less than 14 and no more than 30
days to submit their position on the motion for reopening in writing.
(3) Court action upon breach. The right to
seek reopening under the provisions of paragraph"a" shall not
affect a party's right to proceed in district court on an action for breach of
contract based on the settlement agreement. Upon confirmation that a party has
filed such an action for breach of contract, however, the commission shall
close the case as that party's remedy shall lie in the district court. If so
ordered by the court in such an action, the commission shall reopen a matter
that had been closed as a result of the satisfactory adjustment.
(1) Application. A party to
an agreement may within 90 days after the closure apply for reopening of a case
which has been closed as conciliated, mediated or satisfactorily adjusted on
the grounds that the agreement was not entered into voluntarily.
(2) Notice to parties. All parties shall be
notified that an application for reopening has been made. A copy of the request
for reopening along with the grounds asserted in the request for reopening
shall be provided to all respondents. The parties shall be afforded no less
than 14 and no more than 30 days to submit their position on the motion for
reopening in writing.
An application for reopening under this paragraph must be supported by
affidavit. There is a presumption that a person signing a settlement agreement
has done so voluntarily. If the commission finds that the agreement was not
entered into voluntarily, then the case shall be reopened.
(4) Ratification. A party is barred from
applying for reopening of a case on the ground that the agreement was
involuntary, if the party has voluntarily accepted all benefits of an
(1) In general. A
person whose case has been closed as "withdrawn" may within 90 days after the
closure apply for reopening of that case.
(2) Standard. An application for reopening
under this paragraph must be supported by affidavit. There is a presumption
that a person filing a withdrawal has done so voluntarily and with the intent
that the charge be withdrawn. If the commission finds that the request for
withdrawal either was not filed voluntarily or was filed as a result of a
mistake concerning the effect of the request for withdrawal, the case shall be
(3) Ratification. If the
withdrawal is filed pursuant to a conciliation, mediation or other settlement
agreement and the complainant has ratified that agreement, the complainant is
barred from applying for reopening of the case on the ground that the agreement
was not voluntary.
determination. The provisions of subrule 3.16(3) notwithstanding, a
respondent may not apply for reconsideration of a finding of probable
proceed to hearing. The provisions of subrule 3.16(3) notwithstanding,
a complainant may not apply for reopening of a case which has had a finding of
probable cause but which is administratively closed because it is determined
that the record does not justify proceeding to hearing.
Request for right-to-sue
reopening. The commission may reopen any case which has been
administratively closed whenever: a request for an administrative release is
received, all the conditions for issuance of the administrative release are
satisfied, and none of the exceptions set forth in subrule 3.10(4) apply. This
type of reopening is made in order to effect the complainant's statutory right
to receive an administrative release. A reopening under this subrule need not
be separately made and issued, but instead is inherent in the issuance of the
right to sue.
of right to sue.
a. The issuance of
a right-to-sue letter may not be reconsidered and a case closed after such an
issuance may not be reopened.
the right-to-sue letter was issued to a complainant who had not requested it
and the commission notifies the parties of this error within 90 days of the
erroneous issuance, then the closure after the erroneous issuance of the
right-to-sue letter will be deemed void and the case reopened.
reopening. Whenever the commission reopens or reconsiders a decision,
case closure, or other action of the commission, the commission shall mail each
of the parties notice of the reopening in writing sent by regular or certified
mail to the last-known mailing address.
Effect of reopening.
Whenever a case is reopened by the commission, whether upon application or
otherwise, the previous closure of the case is made void. The previous closure
of a reopened case has no effect whatsoever on the case after the reopening. A
reopening constitutes a reversal of the prior determination to close the