(1) The Human Rights Bureau shall conclude the department's administrative proceedings and issue a notice of dismissal and right to sue if:

(a) the Human Rights Bureau determines that it lacks jurisdiction or the statutory authority to investigate the allegations of the complaint; or

(b) the Human Rights Bureau determines that the allegations of the complaint are not supported by a preponderance of the evidence.

(2) A complaint may be dismissed prior to investigation if the charging party does not allege facts which, at a minimum, constitute a short and plain statement of the claim showing that the charging party is entitled to relief under Title 49, chapters 2 and 3, MCA, and has not timely amended the complaint to state a valid claim.