(1) At any time after a complaint is filed, any party to the complaint, or the department, may move the commission to dismiss the complaint on the grounds that the issues therein are also before a court of competent jurisdiction, either state or federal. The commission may dismiss the complaint without prejudice if it finds that the parties and issues before the commission are also before a court of competent jurisdiction, and that the court's decision will be determinative of the issues before the commission.

(2) If the court later finds that it does not have jurisdiction over the above described parties or issues, then the charging party or department may apply to reopen the complaint before the commission.