4112-6-04. Election of civil action

(A) If a complaint is issued under section 4112.05 of the Revised Code alleging a violation of division (H) of section 4112.02 of the Revised Code, the complainant, respondent or an aggrieved party may elect to have the claims in the complaint be decided in a civil action.

(B) Notice of the election must be made in a writing that is sent by certified mail, return receipt requested, to the commission, to the civil rights section of the office of the attorney general, and to the other parties to the pending administrative process within thirty days after receipt of the complaint by the electing party.

(C) The electing party must, upon receiving the mailing receipts which are returned to the electing party as the result of the certified mailings sent pursuant to paragraph (B) of this rule, send those receipts to the civil rights section of the attorney general's office.

(D) Upon receipt of a timely mailed election, the commission shall authorize the office of the attorney general to commence and maintain the civil action in the court of common pleas of the county in which the alleged unlawful discriminatory practices occurred.

(E) The office of the attorney general shall commence the civil action within thirty days after the receipt of the commission's authorization to commence the civil action.

Five Year Review (FYR) Dates: 10/18/2018 and 10/18/2023
Promulgated Under: 119.03
Statutory Authority: 4112.04
Rule Amplifies: 4112.05, 4112.04
Prior Effective Dates: 09/01/1992 (Emer.), 12/11/1992, 07/01/1994, 10/21/2013

Prior History: (Effective: 10/21/2013
R.C. 119.032 review dates: 07/22/2013 and 10/21/2018
Promulgated Under: 119.03
Statutory Authority: 4112.04
Rule Amplifies: 4112.04, 4112.05, 4112.051, 4112.052
Prior Effective Dates: 9/11/92 (Emer.); 12/11/92; 7/1/94)