OAR 839-003-0225: Settlement Process After Substantial Evidence Determination in Housing Discrimination Complaints

(1) During the period beginning with the filing of a complaint and ending with the filing of a charge or a dismissal by the division, the division will, to the extent feasible, seek to eliminate the effects of the unlawful discriminatory act(s) by engaging in conciliation, settlement and persuasion. The division will facilitate any settlement negotiations between the aggrieved person and respondent as provided in OAR 839-003-0055. (2) Nothing said or done in the course of settlement discussions concerning a complaint alleging an unlawful practice under ORS 659A.145 or 659A.421 or discrimination under the federal Fair Housing Act (42 U.S.C. 3601 – 3614a) may be disclosed under ORS 192.410 to 192.505 (the Oregon Public Records Act) or in any other manner, or used as evidence in a subsequent proceeding under this chapter or the federal Fair Housing Act (42 U.S.C. 3601 – 3614a) without the written consent of the persons concerned. (3) If no settlement agreement is reached, the division retains the discretion to further negotiate settlement, administratively dismiss the complaint, or proceed to a contested case hearing. (4) The aggrieved person may withdraw the aggrieved person’s complaint at any time.