Cal. Civ. Code § 49-2-504

Informal Investigation -- Conciliation -- Findings

In Force
Verified 10/22/2026 · Next check 11/21/2026
effective 10/22/2026MontanaFair Housing & Anti-Discrimination

Operative Text

Cal. Civ. Code § 49-2-504
(1) The department shall informally investigate the matters set out in the complaint promptly and impartially to determine whether there is reasonable cause to believe that the allegations are supported by a preponderance of the evidence.
(2) (a) During the informal investigation process and before the department issues a finding under subsection (7), the department may attempt to resolve the complaint by mediation.
(b) If the parties to the complaint voluntarily agree to enter into the mediation process, the time period for the department to complete the informal investigation and issue a finding under subsection (7) may be extended up to 45 days. An agreement to enter into mediation serves to extend the time for hearing beyond 12 months as provided for in 49-2-505 (2).
(c) If the department makes a finding under subsection (7)(c) that there is reasonable cause to believe that unlawful discrimination occurred, the department shall attempt to resolve the complaint by conciliation in a manner that, in addition to providing redress for the complaint, includes conditions that eliminate the discriminatory practice, if any, found in the investigation.
(3) The department shall, within 10 business days following receipt of a filed complaint, notify a respondent that the respondent is the subject of a filed complaint. The notification must be in writing and must include a copy of the filed complaint. If requested, the department shall also provide the parties with all other information related to the complaint in the possession of the department that is not currently in the possession of the parties or a party. The department shall make known to the parties the fact that information is available upon request. The department may not investigate a complaint until it has received notice that the respondent has received the department's notification of the complaint.
(4) If the department determines that the inclusion of documents or information obtained by the department would seriously impede the rights of a person or the proper investigation of the complaint, the information may be excluded from the notification by providing a written summary of the information. The written summary must include sufficient information to give maximum effect to the intent of this chapter.
(5) The respondent shall file an answer to a complaint filed with the department within 10 business days of the respondent's receipt of the complaint. An answer may be a response simply admitting or denying the allegations without further specificity or requesting additional information from the department. The time for filing an answer may be extended by a showing of good cause.
(6) The department shall commence proceedings within 30 days after receipt of a complaint.
(7) (a) After the informal investigation, the department shall issue a finding on whether there is reasonable cause to believe that a preponderance of the evidence supports the charging party's allegation of unlawful discrimination. Unless the time period is extended as provided in subsection (2)(b), the finding must be issued within 180 days after a complaint is filed, except that the department shall issue the finding within 120 days after a complaint is filed under 49-2-305 .
(b) If the department finds that there is no reasonable cause to believe that unlawful discrimination occurred, it shall issue a notice of dismissal and dismiss the case from the department's administrative process. After receipt of a notice of dismissal, a charging party may:
(i) continue the administrative process by filing objections with the commission as provided in 49-2-511 ; or
(ii) discontinue the administrative process and commence proceedings in district court as provided in 49-2-511 .
(c) If the department finds that there is reasonable cause to believe that unlawful discrimination occurred and conciliation efforts are unsuccessful, the department shall certify the complaint for hearing pursuant to 49-2-505 .
Source: Legislative text reproduced verbatim
Plain English

Mont. Code Ann. § 49-2-504 establishes the process by which Montana's Department of Labor and Industry investigates discrimination complaints filed under the Montana Human Rights Act. After a complaint is filed, the department conducts an informal, impartial investigation to determine whether a preponderance of the evidence supports the allegation of unlawful discrimination, and must issue a finding—generally within 180 days. Depending on the outcome, the complaint may be dismissed, referred to mediation or conciliation, or certified for a formal hearing.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 22, 2026

Plain English — not legal advice.

For Property Managers

Under Mont. Code Ann. § 49-2-504, a respondent named in a discrimination complaint receives written notice from the department within 10 business days of the complaint being filed, along with a copy of the complaint itself. Operators who receive such notice are generally expected to file a written answer within 10 business days of receipt, though extensions may be granted for good cause. Respondents should also be aware that the department may pursue mediation or conciliation before or after issuing its finding, and that a finding of reasonable cause can lead to a formal hearing under § 49-2-505.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Mont. Code Ann. § 49-2-504 outlines the rights a charging party holds throughout the investigation process, including the right to request information the department has gathered and to participate in voluntary mediation. If the department issues a notice of dismissal after finding no reasonable cause, a charging party may either continue the administrative process by filing objections with the commission or move the matter to district court, as described in § 49-2-511. Tenants who believe their housing discrimination complaint has not been handled properly may benefit from consulting a tenant-rights organization or legal aid provider familiar with Montana Human Rights Act procedures.

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 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 22, 2026
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

Mont. Code Ann. § 49-2-511
Not yet ingested

References In

Rules and statutes that cite this regulation

Mont. Code Ann. § 49-2-510
Mont. Code Ann. § 49-2-305
Mont. Code Ann. § 49-2-505
Mont. Code Ann. § 49-2-504
Mont. Code Ann. § 49-2-510
Mont. Code Ann. § 49-2-505
Mont. Code Ann. § 49-2-506
Mont. Code Ann. § 49-2-305
Mont. Code Ann. § 49-2-504
Mont. Code Ann. § 49-2-501
Mont. Code Ann. § 49-2-305
Mont. Code Ann. § 49-4-203
Mont. Code Ann. § 49-4-203

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