|
ARTICLE IV. -COMPLAINT ADJUDICATION Page 4 of 6
<br /> conducting the investigation.The administrator shall notify the parties in writing of the reason(s)for the
<br /> delay.
<br /> (b) Report of investigation;determination by panel. Unless the complaint has been satisfactorily resolved
<br /> ! prior to completion of the investigation made under subsection(a)of this section,the administrator shall
<br /> report the results of the investigation made under subsection(a)of this section to a.predetermined i
<br /> panel of three(3)members of the board designated by the chairperson or vice chairperson or pursuant
<br /> i to the rules of the board,which panel shall not include any member of the board who is ineligible to
<br /> participate pursuant to subsection 581-414(f)of this chapter or who is a member of the complaint
<br /> adjudication committee created pursuant to_s-ection_581-413 of this chapter.The administrator shall
<br /> make a recommendation as to whether there Is reasonable cause to believe that the respondent has
<br /> violated section.581-403 of this chapter.The panel shill then determine by majority vote whether
<br /> reasonable cause exists to believe that any respondent has violated section.581-403 of this chapter. In j
<br /> making such a determination,the panel shall consider only the complaint,the response,if any,and the I
<br /> administrator's report;provided, however,the panel may request the administrator to make a
<br /> supplemental investigation and report with respect to any matter which it deems material to such
<br /> determination.
<br /> 1 (c) Action when violation found If the panel, under subsection(b)of this section,determines that
<br /> I reasonable cause exists to believe that any respondent has violated section 581403 of this chapter,it i
<br /> may direct the administrator to endeavor to eliminate the alleged discriminatory practice through a ' I
<br /> conciliation conference.At least one(1)panel member shall be present at any conciliation conference 6
<br /> at which both the complainant and respondent are present or represented. If the complaint is
<br /> satisfactorily resolved through conciliation,the terms of any agreement reached or undertaking given by
<br /> any party shall be reduced to writing and signed by the complainant,respondent and the administrator.
<br /> Any disagreement between the respondent and the administrator in regard to the terms or conditions of I
<br /> i a proposed conciliation agreement may be referred to the panel which considered the complaint,and
<br /> the decision of the panel with respect to such terms or conditions shall be final for purposes of
<br /> ( conciliation proceedings under this subsection,but shall not be binding upon the respondent without his I
<br /> written consent thereto.The board or office may institute legal proceedings under this chapter for I
<br /> enforcement of any written agreement or undertaking executed in accordance with this subsection.
<br /> (G.O. 111,2005,§1;G.0. 79,2008,§30)
<br /> Sec. 581-413. - Complaint adjudication committee; hearing officer; duties.
<br /> (a) The chairperson shall designate three(3)members of the board to serve as a complaint adjudication
<br /> 3 committee,whose duty shall be to hold public hearings on citizens'complaints,which shall be at such
<br /> times as the adjudication committee or the board deems necessary.All three(3)members of the
<br /> adjudication committee must be present for any hearing,and no member of the adjudication committee ` E
<br /> may vote by proxy.in the event that a member of the adjudication committee is unavailable or otherwise
<br /> precluded from participating in a hearing,either the chairperson or the vice chairperson of the board [
<br /> shall take the absent member's place on the adjudication committee unless and until a replacement is
<br /> appointed.
<br /> (b) The board may also appoint one(1)or more non-members to serve as unpaid hearing officers,whose
<br /> duty shall be to hold public hearings and to make determinations in lieu of the adjudication committee
<br /> on citizens'complaints,other than housing complaints,at such times as the hearing officer or the board
<br /> deems necessary.
<br /> i. ._..
<br /> (G.0. 111,2006,§1)
<br /> Sec. 581-414. - Hearings,findings and recommendations when conciliation not
<br /> effected. j
<br /> a) Hearing to be held;notice. If a complaint has not been satisfactorily resolved within a reasonable time
<br /> ( through informal proceedings under section 589-412 of this chapter,or if the panel investigating the
<br /> i complaint determines that reasonable cause exists to believe a respondent has violated section 5817 i
<br /> j 403 of this chapter but that a conciliation conference is inappropriate under the circumstances i 3
<br /> surrounding the complaint,then the chairperson of the board shall assign the case to the adjudication
<br /> committee or,in the case of a complaint not related to housing,to either the adjudication committee or '
<br /> E ; to a hearing officer.The adjudication committee or the hearing officer may hold a public hearing thereon
<br /> upon not less than ten(10)working days'written notice to the complainant or other aggrieved person
<br /> and to the respondent. If the respondent has not previously fled a written response to the complaint,he
<br /> I or she may file such response and serve a copy thereof upon the complainant and the office not later !
<br /> than five(5)working days prior to the date of the hearing.
<br /> (b) Powers;rights of parties at hearing. In connection with a hearing held under subsection(a)of this
<br /> section,the adjudication committee or the hearing officer shall have the power,upon any matter
<br /> pertinent to the complaint or response thereto,to subpoena witnesses and compel their attendance;to I
<br /> require the production of pertinent books,papers or other documents;and to administer oaths. The
<br /> complainant shall have the right to be represented by the administrator or any attorney of his or her I
<br /> t,+*..•�n;t,r.��..,�w ..,.+nr�a�,,,,,/�TTAAT /1 ill I a,/lr��,P1Z/TTTiTTPT THF.WR r)45R 114T TR FFnf1P A__ 1/6/7012
<br />
|