2
(l) "Hearing officer" means a commissioner or commissioners designated by the
chairperson or the commission to conduct a hearing or an agent of the commission
designated or delegated by the chairperson or the director to conduct a hearing.
(m) "Party" or "parties" means the claimant or respondent, or both, and the commission
or department, or both, where appropriate.
(n) "Person" means an individual, agent, association, corporation, joint apprenticeship
committee, joint stock company, labor organization, legal representative, mutual
company, partnership, receiver, trust, trustee, trustee in bankruptcy, unincorporated
organization, this state, or a political subdivision or agency of this state, or another legal
or commercial entity.
(o) "Respondent" means the person against whom the claimant has complained, or
against whom the department has filed a charge.
(p) “Summary of complaint” means a document prepared by department staff following
an intake interview that explains why a certified complaint was not taken and outlines the
timeline to request a reconsideration of that decision.
R 37.4 Complaints; certified complaints.
Rule 4. (1) A person claiming to be aggrieved by unlawful discrimination may personally,
or through counsel or other agent, submit a complaint to the department.
(2) A commissioner, director, or agent authorized by the commission or director, may
initiate, make, sign, and file a complaint in the public’s interest.
(3) The department may receive a complaint by personal delivery, mail, or electronic
service, addressed or emailed to 1 of the department offices.
(4) The department shall evaluate a complaint to determine if it will proceed with a
certified complaint. If the department decides not to proceed with a certified complaint,
the claimant shall be notified of the decision and instructed on how to proceed.
(5) If the department proceeds with a certified complaint, the department shall draft the
certified complaint for filing, without charge.
(6) A certified complaint must be in writing, dated, and include all of the following:
(a) The full name and address of the claimant and their legal agent, if any.
(b) The full name and address of the respondent.
(c) The alleged discrimination and a detailed statement describing it.
(d) The date, dates, or range of dates of the alleged discrimination and whether the alleged
discrimination is of a continuous nature.
(e) The claimant’s signature.
(f) An acknowledgment as set forth in subrule (11) of this rule.
(7) The certified complaint must be filed with the department within 180 days after the
date of the alleged discrimination, or within 180 days after the date when the alleged
discrimination was or should have been discovered. If the alleged discrimination is of a
continuous nature, the date of the discrimination is any date after the commencement of
the discrimination, up to and including the date that the discrimination ceased, subject to
or consistent with prevailing law.
(8) The department shall mail a copy of the certified complaint filed by the claimant to
the respondent.
(9) The department may require answers to interrogatories, order the submission of books,
papers, records, and other materials pertinent to a certified complaint, and require the