(1) The purpose of the rules in this chapter is to describe the procedures followed by the department of labor and industry (department) in investigating and conciliating complaints of discrimination and enforcing the laws prohibiting discrimination contained in Title 49, chapters 2 and 3, MCA. These rules apply to complaints of discrimination filed on or after July 1, 1997.

(2) The department will construe the provisions of the Act, the Code, and these rules with a view to affect their objects and to promote justice. A principal objective of the Act and Code is to assure that there will be no discrimination in certain areas of the lives of Montana citizens, except under the most limited of circumstances.

(3) In construing the provisions of the Act and Code, the department will refer to federal civil rights case law where it is both useful and appropriate and does not conflict with the purposes and intentions of state law.

(4) If a part of these rules is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of these rules is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid application or applications.

(5) The department may disregard nonprejudicial errors of law or procedure which do not deny a party due process, a fair hearing or fundamental justice. Parties who assign error for the violation of any rule have the burden to demonstrate that a failure to comply with these rules is in fact prejudicial or constitutes prejudice as a matter of law.

(6) Where strict adherence to these rules would cause undue hardship or create a substantial injustice to a party, the department may modify, waive, or excuse their application. The department may not modify, waive, or excuse mandatory acts which are required by statute or due process of law.

(7) Parties who choose not to be represented by counsel and who represent themselves must substantially comply with the provisions of these rules, subject to the provisions of (6) . The department may modify the strict application of these rules to an unrepresented party to the extent they are not mandatory to assure fundamental fairness.