(1) In cases except cases in which a department is the respondent, if conciliation efforts are unsuccessful, a written finding of the failure of conciliation shall be issued by the Director pursuant to SMC 14.04.140 B,14.06.100 C, 14.08.160 C, 14.10.110 B, 14.16.080E or 14.17.060. (2) In in which a department is the respondent, if conciliation efforts are unsuccessful, the Director will notify the parties of the failure of conciliation and will thereafter proceed to issue the order required by SMC14.04.150 B, 14.16.080F and 14.17.060. SHRR 40-340. FINDINGS OF FACT AND DETERMINATIONS OF REASONABLE CAUSE OR NO REASONABLE CAUSE (1) Cases in Which Findings and Determinations are Required. In all cases where the charge has not been withdrawn or the case has not been dismissed or administratively closed, the Director will make findings of fact and a determination whether there is or is not reasonable cause to believe an practice has been committed or is being committed (referred to in this rule as a "determination"). (2) Standard of Proof. A reasonable cause determination will be made when, in the judgment of the Director, a preponderance of the credible evidence establishes that an practice has been committed or is being committed. (3) Procedure. In all cases, except mployment cases in which a department is the respondent, findings of fact and a determination will be made by the Director. The findings and determination will be served on the respondent and on the charging party within five days after they are signed by the Director. In cases in which a department is a respondent: i. Director shall cause proposed findings of fact and a proposed determination to be served upon the charging party and upon the respondent; ii. charging party or respondent may file with the Department any comments he or she may have regarding the proposed findings and proposed determination within 20 days from ; iii. Director will consider any timely comments of the parties and may direct further investigation of the caseissue final findings and a final determination.
(1) In cases except cases in which a department is the respondent, if conciliation efforts are unsuccessful, a written finding of the failure of conciliation shall be issued by the Director pursuant to SMC 14.04.140 B,14.06.100 C, 14.08.160 C, 14.10.110 B, 14.16.080E or 14.17.060. (2) In in which a department is the respondent, if conciliation efforts are unsuccessful, the Director will notify the parties of the failure of conciliation and will thereafter proceed to issue the order required by SMC14.04.150 B, 14.16.080F and 14.17.060. SHRR 40-340. FINDINGS OF FACT AND DETERMINATIONS OF REASONABLE CAUSE OR NO REASONABLE CAUSE (1) Cases in Which Findings and Determinations are Required. In all cases where the charge has not been withdrawn or the case has not been dismissed or administratively closed, the Director will make findings of fact and a determination whether there is or is not reasonable cause to believe an practice has been committed or is being committed (referred to in this rule as a "determination"). (2) Standard of Proof. A reasonable cause determination will be made when, in the judgment of the Director, a preponderance of the credible evidence establishes that an practice has been committed or is being committed. (3) Procedure. In all cases, except mployment cases in which a department is the respondent, findings of fact and a determination will be made by the Director. The findings and determination will be served on the respondent and on the charging party within five days after they are signed by the Director. In cases in which a department is a respondent: i. Director shall cause proposed findings of fact and a proposed determination to be served upon the charging party and upon the respondent; ii. charging party or respondent may file with the Department any comments he or she may have regarding the proposed findings and proposed determination within 20 days from ; iii. Director will consider any timely comments of the parties and may direct further investigation of the caseissue final findings and a final determination.
socr-chapter_40-revisions.docx