Finding of no probable cause or dismissal and review thereof. If the director makes a determination of no probable cause or dismisses a complaint,
the director shall notify the complainant and respondent of such a determination and
of the complainant's right to appeal the determination to a review committee. The
complainant may, within fifteen (15) days after service of such notice, file an appeal
in writing with the director, who shall promptly transmit said appeal to the chairperson
of the commission. The chairperson shall designate three (3) members of the commission,
at least one (1) of whom shall be a lawyer, to review the director's determination.
The review committee shall view the entire record in the light most favorable to the
Director's determination of no probable cause. The Director's determination shall
be sustained unless the review committee finds that the Director's determination of
no probable cause was clearly erroneous. Unless the presiding commissioner affirmatively
determines that there is material evidence newly discovered which the complainant
could not with reasonable diligence have earlier made known to the Department, there
shall be no hearing or presentation made by the parties before the review committee.
The review committee may then either affirm or reverse the director's decision or
remand the complaint back to the director for additional investigation. The review
committee shall complete its review and issue its decision within ninety (90) days
of the director's transmittal of the appeal to the chairperson of the commission.
If the decision is not issued within ninety (90) days, the appeal shall be removed
from the review committee's consideration and instead reviewed by the director. No
member of a review committee shall act as a