1. (a) A complainant wishing to reinstitute a complaint shall:

   1. (1) File a written motion stating:

      1. a. The request to reinstate the complaint;
      2. b. The reasons for the request; and
      3. b. Compliance with (2) and (3) below;
   2. (2) Forward a copy of the motion to all other parties; and
   3. (3) Seek concurrence from all other parties.
2. (b) All other parties shall have the right to object to the motion within 10 days of its receipt.
3. (c) The investigating commissioner shall reinstitute a withdrawn complaint for good cause as set forth in (d) below.

4. (d) Good cause for reinstituting a complaint shall include:

   1. (1) Intimidation, harassment or coercion of the complainant;
   2. (2) Retaliation against the complainant;
   3. (3) Failure of the respondent to comply with the terms of an agreement requiring the complainant to withdraw the complaint;
   4. (4) Indication(s) that the complainant did not knowingly and voluntarily withdraw the complaint; or
   5. (5) Any other indication(s) that justice was not served by the administrative closing of the case.
5. (e) Reinstitution of a complaint on file with a federal agency shall not affect the status of the complaint at the federal agency.

Source. (See Revision Note at chapter heading for Hum 200) #8814, eff 2-3-07, EXPIRED: 2-3-15