(1) The human rights commission (commission) is established by 2-15-1706 , MCA. The commission is composed of five members of the public appointed by the governor. The commission is allocated to the department of labor and industry (department) for administrative purposes only. The commission adopts rules separately.

(2) The commission is designated a quasi-judicial board for purposes of 2-15-1706 , MCA. Its purpose is to uphold the laws of the state of Montana against discrimination.

(a) For complaints filed before July 1, 1997, the commission is responsible for investigating, conciliating and hearing the allegations of discrimination made in the complaint. These functions are delegated to the department of labor and industry, which acts on behalf of the commission. The commission hears objections to dismissals of complaints, hears exceptions to proposed orders issued after contested case hearings, and issues final orders.

(b) For complaints filed on or after July 1, 1997, the department is responsible for investigating, conciliating and hearing the allegations of discrimination made in the complaint. The commission hears objections to dismissals of complaints and hears appeals of final orders issued after contested case hearings.