49-2-509. Filing a complaint in district court. (1) Except as provided in subsection (2) or with respect to complaints alleging a violation of 49-2-305, the commission staff shall, at the request of either party, issue a letter entitling the complainant to file a discrimination action in district court if:
     (a) the commission has not yet held a contested case hearing pursuant to 49-2-505; and
     (b) 12 months have elapsed since the complaint was filed.
     (2) The commission staff may refuse to permit removal of a case to district court if:
     (a) the party requesting removal fails to comply with the terms of a lawful subpoena issued in the investigative process;
     (b) the party requesting removal has waived the right to request removal to the district court;
     (c) more than 30 days have elapsed since service of notice of hearing under 49-2-505, unless the commission fails to schedule a hearing to be held within 90 days of service of notice of hearing; or
     (d) the party requesting removal has unsuccessfully attempted through court litigation to prevent the commission staff from investigating the complaint.
     (3) The commission staff may dismiss a complaint filed under 49-2-501 and allow the complainant to file a discrimination action in district court if:
     (a) the commission staff determines that the commission lacks jurisdiction over the complaint;
     (b) the complainant fails to cooperate in the staff's investigation of the complaint or fails to keep the commission advised of changes of address; or
     (c) the commission staff determines that the allegations of the complaint are not supported by substantial evidence.
     (4) A decision of the commission staff to dismiss a complaint or to refuse to permit removal to the district court is final unless a party seeks review by filing objections within 14 days after the decision is served on him. The commission shall review the decision in informal proceedings under 2-4-604, except that 2-4-604(5) applies only to review of a refusal to permit removal.
     (5) Within 90 days after receipt of a notice of dismissal under subsection (3) or an order under subsection (4) of affirmance of a dismissal, whichever occurs later, or of a letter issued under subsection (1), the complainant may petition the district court in the district in which the alleged violation occurred for appropriate relief. Except as provided in 49-2-510, if the claimant fails to petition the district court within 90 days after receipt of the letter, notice, or order issued by the commission staff, the claim shall be barred.
     (6) If the district court finds, in an action under this section, that a person, institution, entity, or agency against whom or which a complaint was filed has engaged in the unlawful discriminatory practice alleged in the complaint, the court may provide the same relief as described in 49-2-506 for a commission order. In addition, the court may in its discretion allow the prevailing party reasonable attorney fees.
     (7) The provisions of this chapter establish the exclusive remedy for acts constituting an alleged violation of this chapter, including acts that may otherwise also constitute a violation of the discrimination provisions of Article II, section 4, of the Montana constitution or 49-1-102. No other claim or request for relief based upon such acts may be entertained by a district court other than by the procedures specified in this chapter.

     History: En. Sec. 1, Ch. 505, L. 1983; amd. Sec. 1, Ch. 511, L. 1987; amd. Sec. 6, Ch. 801, L. 1991.