The Commission may take one or more of the following actions regarding the Article 1, 3, 5, or 7 allegations:

(1)           accept, modify or reject any proposed settlement agreement.

(a)           If accepted, the Commission shall notify the respondent of the Commission's decision.

(b)           If modified, staff shall present the modifications to the respondent for approval.

(c)           If rejected, the Commission shall proceed with any other action under Subparagraphs (2)-(5) of this Rule.

(2)           direct Commission staff to conduct further investigation or obtain additional information;

(3)           refer the complaint to another agency, and notify the respondent and the complainant of the referral.

(4)           dismiss the complaint for lack of evidence if a violation of G.S. 120C is not established by a preponderance of the evidence.  If dismissed, the Commission shall provide the following:

(a)           Notice of Dismissal to respondent; and

(b)           notice to the complainant that the complaint was dismissed because a violation was not established by a preponderance of the evidence.  The complainant shall not receive a copy of the Notice of Dismissal.

(5)           determine that a violation has occurred and proceed as appropriate under Rule .0501 of this Subchapter.


History Note:        Authority G.S. 120C-101(a); 120C-601;

Eff. June 1, 2014.