State Codes and Statutes
Statutes > Kansas > Chapter44 > Article11 > Statutes_1940944-1115
44-1115. Complaint procedure; hearings; orders; rehearing; court review;dismissal of certain complaints, when, procedure and effect.Any person aggrieved by any alleged unlawful employment practicebased on age may file a complaint in the manner provided forprocessing complaints of unlawful employment practices under the Kansas actagainst discrimination. Reconsiderationand judicial review of the commission's decision in the case shall be conductedin the manner provided by K.S.A. 44-1010 and 44-1011, and amendments thereto.Complaints filed with the commission on or after July 1, 1996, may bedismissed by the commission on its own initiative, and shall be dismissed bythe commission upon the written request of the complainant, if the commissionhas not issued a finding of probable cause or no probable cause or taken otheradministrative action dismissing the complaint within 300 days of the filing ofthe complaint. Complaints filed with the commission before July 1, 1996, shallbe dismissed by the commission upon the written request of the complainant, ifthe commission has not issued a finding of probable cause or no probable causeor taken other administrative action dismissing the complaint within 300 daysof the filing of the complaint. The commission shall mail written notice to all parties of dismissal of acomplaint within five days of dismissal. Dismissal of a complaint inaccordance with this section shall constitute final action by the commissionwhich shall be deemed to exhaust all administrative remedies under the Kansasage discrimination in employment act for the purpose of allowing subsequentfiling of thematter in court by the complainant, without the requirement of filing of apetition for reconsideration pursuant to K.S.A. 44-1010 and amendments thereto. Dismissal of a complaint in accordance with this section shall not be subjectto appeal or judicial review by any court under the provisions of K.S.A.44-1011 and amendments thereto.
History: L. 1983, ch. 164, § 5;L. 1988, ch. 356, § 152;L. 1995, ch. 247, § 3; July 1.
