1. (a) In the event that a pre-determination conference is not held or the parties fail to reach a pre-determination settlement, the investigator shall conduct further investigation as follows:

   1. (1) Interview all parties who are individuals; and

   2. (2) Any of the following considered necessary by the investigator:

      1. a. Interview a representative designated by a respondent entity in accordance with (e) below;
      2. b. Request documents;
      3. c. Request written statements by parties and witnesses;
      4. d. Perform on-site investigations; and
      5. e. Interview co-workers of the complainant and other potential witnesses.
2. (b) An investigator unable to comply with the obligation of (a)(1) above to interview a party who is an individual shall request that the investigating commissioner issue a written exemption from the obligation.

3. (c) The investigating commissioner shall issue the written exemption if:

   1. (1) The investigator cannot locate the party individual;
   2. (2) The complainant fails to proceed with the complaint;
   3. (3) The commission lacks jurisdiction over the matter under investigation; or
   4. (4) The individual to be interviewed refuses to cooperate in the scheduling of the interview.
4. (d) Interviews shall be conducted in person, by telephone or by other means.
5. (e) A respondent that is an entity may designate a representative to be present when managerial employees of the respondent are interviewed regarding their role in the decision leading to the complaint or the respondent's policies or practices, but non-managerial employees of the respondent shall be interviewed without a representative of the respondent entity present.

Source. #6686, eff 2-5-98, EXPIRED: 2-5-06 New. #8589, INTERIM, eff 3-18-06, EXPIRED: 9-14-06 New. (See Revision Note at chapter heading for Hum 200) #8814, eff 2-3-07, EXPIRED: 2-3-15