(a) If an investigation of a complaint under Alaska Stat. § 18.80.110 fails to discover substantial evidence of an unlawful discriminatory practice under this chapter, the executive director shall issue an order dismissing the complaint without prejudice.
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Terms Used In Alaska Statutes 18.80.112

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • writing: includes printing. See Alaska Statutes 01.10.060
(b) At any time before the issuance of an accusation under Alaska Stat. § 18.80.120, the executive director may dismiss without prejudice a complaint if the executive director determines that

(1) the complainant’s objection to a proposed agreement under Alaska Stat. § 18.80.110 is unreasonable;
(2) the complainant is unavailable or unwilling to participate in a hearing;
(3) relief is precluded by the absence of the person alleged to have engaged in the discriminatory practice;
(4) the person aggrieved by the discriminatory practice has initiated or has notified in writing the commission of the intent to initiate an action or proceeding in another forum based on the same facts;
(5) a hearing will not represent the best use of commission resources;
(6) a hearing will not advance the purposes stated in Alaska Stat. § 18.80.200; or
(7) the probability of success of the complaint on the merits is low.
(c) The commission, in its discretion, may, but is not required to, review the executive director’s order of dismissal under (a) or (b) of this section and may affirm the order, remand the complaint for further investigation, or, if the commission concludes that substantial evidence supports the complaint of an unlawful discriminatory practice, refer the complaint for conference, conciliation, and persuasion as provided in Alaska Stat. § 18.80.110, or for hearing.
(d) Dismissal under this section does not prevent a complainant from

(1) initiating an action or proceeding in another forum; or
(2) filing a new complaint under Alaska Stat. § 18.80.100 that resolves the grounds for the dismissal under this section.
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