Alaska Stat. § 18.80. § 18.80.112
Dismissal of complaint without prejudice
Operative Text
(a) If an investigation of a complaint under AS 18.80.110 fails to discover substantial evidence of an unlawful discriminatory practice under this chapter, the executive director shall issue an order dismissing the complaint without prejudice. (b) At any time before the issuance of an accusation under AS 18.80.120, the executive director may dismiss without prejudice a complaint if the executive director determines that (1) the complainant's objection to a proposed agreement under AS 18.80.110 is unreasonable; (2) the complainant is unavailable or unwilling to participate in a hearing; (3) relief is precluded by the absence of the person alleged to have engaged in the discriminatory practice; (4) the person aggrieved by the discriminatory practice has initiated or has notified in writing the commission of the intent to initiate an action or proceeding in another forum based on the same facts; (5) a hearing will not represent the best use of commission resources; (6) a hearing will not advance the purposes stated in AS 18.80.200; or (7) the probability of success of the complaint on the merits is low. (c) The commission, in its discretion, may, but is not required to, review the executive director's order of dismissal under (a) or (b) of this section and may affirm the order, remand the complaint for further investigation, or, if the commission concludes that substantial evidence supports the complaint of an unlawful discriminatory practice, refer the complaint for conference, conciliation, and persuasion as provided in AS 18.80.110, or for hearing. (d) Dismissal under this section does not prevent a complainant from (1) initiating an action or proceeding in another forum; or (2) filing a new complaint under AS 18.80.100 that resolves the grounds for the dismissal under this section.
Under AS 18.80.112, Alaska's housing and civil rights complaint process includes a formal mechanism for dismissing discrimination complaints without prejudice at two key stages. If an investigation under AS 18.80.110 turns up no substantial evidence of unlawful discrimination, the executive director must dismiss the complaint. The executive director also has discretionary authority to dismiss before a formal accusation is issued, based on factors such as complainant unavailability, low likelihood of success on the merits, or the complainant pursuing relief in another forum. A dismissal without prejudice leaves open the possibility of refiling or pursuing the matter elsewhere.
Plain English — not legal advice.
For property owners or managers named in a discrimination complaint, AS 18.80.112 establishes that the process includes built-in checkpoints where a complaint may be dismissed if the investigation does not uncover substantial evidence or if other specified conditions apply. Compliant operators generally maintain thorough records of their rental practices and communications, which can be relevant during the investigation phase that precedes any dismissal determination. Understanding that a dismissal without prejudice does not permanently resolve the underlying matter helps operators recognize that record-keeping and consistent fair-housing practices remain important even after a complaint is closed at the administrative level.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
AS 18.80.112 outlines the circumstances under which a discrimination complaint filed with Alaska's commission may be dismissed without prejudice, meaning the dismissal does not permanently bar further action. If a complaint is dismissed, tenants retain the right to file a new complaint under AS 18.80.100 that addresses the grounds for dismissal, or to pursue a claim in a different legal forum. Tenants who receive a dismissal order may also be aware that the commission has discretionary authority to review the executive director's dismissal decision and potentially remand the complaint for further investigation; consulting a tenant-rights organization can help in understanding what options may be available after a dismissal.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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