(1) The issuance of a notice of dismissal and right to sue completes the administrative process with regard to any complaint of discrimination in which a notice of dismissal and right to sue is issued.

(2) Each notice of dismissal and right to sue issued by the department shall be issued to all parties by certified mail or personal delivery and shall set forth the following information:

(a) a statement of the reasons for issuance;

(b) a notice that in order to pursue the complaint of discrimination, the charging party must petition the district court in the district in which the alleged violation occurred within 90 days of receipt of the notice. The notice shall conspicuously state that if the charging party fails to file a petition in district court within the 90 day period, the claim shall be barred;

(c) a notice of the court's discretion to award attorney's fees to the prevailing party in a discrimination action in district court;

(d) a statement regarding the effect of the issuance of the notice of dismissal and right to sue as provided in (1) ; and

(e) a statement that the requirements for issuance of a notice of dismissal and right to sue have been satisfied.

(3) If a court finds that it does not have jurisdiction over a case in which the notice of dismissal and right to sue was issued because of the improper issuance of the notice, the charging party may apply to reopen the complaint before the department.

(4) A party who is dissatisfied with a decision of the department to issue or not issue a notice of dismissal and right to sue may file written objections with the commission as provided in ARM 24.9.1714.