24.8.216    EFFECT OF FAILURE TO COOPERATE WITH INVESTIGATION

(1) When a party refuses to comply with a request by the Human Rights Bureau for information or evidence reasonably necessary for the investigation, the Human Rights Bureau may take either or both of the following actions to complete its investigative responsibilities:

(a) request the commissioner to issue a subpoena; and

(b) draw an adverse inference against the unresponsive party as to the evidence sought.

History: 49-2-204, 49-3-106, MCA; IMP, 49-2-504, 49-3-315, MCA; NEW, 2002 MAR p. 2908, Eff. 10/18/02; AMD, 2008 MAR p. 2636, Eff. 12/25/08.