(a) The commissioner dismisses the complaint within one year after the filing of the complaint, and the dismissal is for any reason other than the fact that a civil action has been filed by the complainant.
(b) The one-year anniversary of the filing of the complaint.
(2) A notice under this section must be in writing and must notify the complainant that a civil action against the respondent under ORS 659A.885 may be filed within the applicable time period established under subsection (3) of this section and that any right to bring a civil action against the respondent under ORS 659A.885 will be lost if the action is not commenced within the established time period.
(3) When a notice is issued to a complainant under this section, a civil action under ORS 659A.885 must be filed as follows:
(a) If the commissioner has conducted an investigation and made a finding of substantial evidence of a violation, or has not conducted an investigation:
(A) Within 90 days after the date of issuance, if 90 days or less remain on the applicable statute of limitations under ORS 659A.875 at the time of issuance; or
(B) Before the limitations period expires, if more than 90 days remain on the applicable statute of limitations under ORS 659A.875 at the time of issuance.
(b) If the commissioner has conducted an investigation and made a finding of no substantial evidence of a violation:
(A) Within one year after the date of issuance, if more than one year remains on the applicable statute of limitations under ORS 659A.875 at the time of issuance;
(B) Before the limitation period expires, if at least 90 days but not more than one year remain on the applicable statute of limitations under ORS 659A.875 at the time issuance; or
(C) Within 90 days after the date of issuance, if less than 90 days remain on the applicable statute of limitations under ORS 659A.875 at the time of issuance.
(4) This section does not apply to a complainant alleging an unlawful practice under ORS 659A.145, 659A.403, 659A.406 or 659A.421 or discrimination under federal housing law. [2001 c.621 §14; 2008 c.36 §15; 2025 c.379 §3]
Note: See note under 659A.830.