Section 4.04.290 Sixty-day administrative release.

1. A person claiming to be aggrieved by an illegal discriminatory practice must initially seek administrative relief by filing a complaint with the commission in accordance with section 4.04.210. After the proper filing of a complaint with the commission, a complainant may subsequently commerce an action for relief in the district court if all of the following conditions have been satisfied:

b. The complaint has been on file with the commission for at least 60 days and the commission has issued a release to the complainant pursuant to subsection 2 of this section.

2. Upon a request by the complainant, and after the expiration of 60 days from the timely filing of a complaint with the commission, the commission shall issue to the complainant a release stating that the complainant has a right to commence an action in the district court. A release under this subsection shall not be issued if a finding of no probable cause has been made on the complaint, a conciliation agreement has been executed under section 4.04.240, the commission has served notice of hearing upon the respondent pursuant to section 4.04.260, or the complaint is closed as an administrative closure and two years have elapsed since the issuance date of the closure.

3. An action authorized under this section is barred unless commenced within 90 days after issuance by the commission of a release under subsection 2 of this section. If a complainant obtains a release from the commission under subsection 2 of this section, the commission is barred from further action on the complaint.

4. Venue for an action under this section shall be in the county in which the respondent resides or has its principal place of business, or in the county in which the alleged unfair or discriminatory practice occurred.

5. The district court may grant any relief in an action under this section which is authorized by this chapter to be issued by the commission. The district court may also award the respondent reasonable attorney's fees and the court costs if the court finds that the complainant's action was frivolous.