03-26-12 Council Agenda & Packet

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ARTICLE IV. -COMPLAINT ADJUDICATION Page 5 of 6 i choice.The respondent shall have the right to be represented by an attomey or any other person of his or her choice.The complainant and respondent shall have the right to appear in person at the hearing, to be represented by an attorney or any other person,to subpoena and compel the attendance of witnesses,and to examine and cross examine witnesses.The board may adopt appropriate rules for the issuance of subpoenas and the conduct of hearings under this section.The adjudication committee, the hearing officer and the board shall have the power to enforce discovery and subpoenas by appropriate petition to the Marion County Circuit or Superior Courts. i (c) Statement of evidence;exceptions,arguments. Following the close of the hearing,the adjudication committee or the hearing officer shall prepare a report containing written recommended findings of fact ; j and conclusions and file such report with the office.The adjudication committee or hearing officer shall I make a good faith effort to complete the report within thirty(30)working days from the close of the hearing,but may extend the time for completing the report as needed,up to an additional thirty(30) i working days.A copy of the report shall be furnished to the complainant and respondent,each of whom shall have an opportunity to submit written exceptions within such time as the rules of the complaint j adjudication committee shall permit.The adjudication committee or the hearing officer may,in its,his or her discretion,upon notice to each interested party,hear further evidence or argument upon the issues i presented by the report and exceptions,if any. (d) Findings of fact,'sustaining or dismissing complaint,remedies. Upon the preponderance of the evidence,the adjudication committee or the hearing officer shall issue written findings of fact and conclusions,and shall and serve a copy thereof upon the complainant and the respondent.Findings and conclusions made by the adjudication committee or the hearing officer shall be based solely upon j { the record of the evidence presented at the hearing. i If,in the opinion of the adjudication committee or the hearing officer,any respondent has engaged or is I engaging in a discriminatory practice in violation of the chapter,the adjudication committee or the hearing officer may cause to be served on the respondent an order requiring the respondent to cease and desist from the unlawful discriminatory practice and requiring such person to take further affirmative action as will effectuate the purposes of this chapter,including but not limited to: (t) The restoration of complainant's losses incurred as a result of discriminatory treatment, as the adjudication committee or hearing officer may deem necessary to assure justice; I (2) The posting of notice setting forth the public policy of the city and county concerning equal E opportunity and respondent's compliance with such policy in places of public accommodations; i (3) The submission of proof of compliance to be filed by respondent at periodic intervals;and i (4) If the respondent is licensed by a city or county agency authorized to grant a license,the i E submission of a statement to show cause to the licensing agency why his or her license should not be revoked or suspended. i If,in the opinion of the adjudication committee or the hearing officer,any respondent has not engaged in a discriminatory practice in violation of this chapter,the adjudication committee or the hearing officer shall state dismiss the complaint against that respondent. The adjudication committee or the hearing officer shall make a good faith effort to serve its, his or ' her findings and conclusions within one(1)year from the date of receipt of the complaint. If it is impracticable to serve the findings and conclusions within one(t)year from the date of receipt of the complaint,the adjudication committee or the hearing officer may extend the time for serving the findings and conclusions.The adjudication committee or the hearing officer also shall notify the parties in writing of the reason(s)for the delay. f ' (e) Appeal to the board. Within thirty(30)working days after the issuance of findings and conclusions by the adjudication committee or the hearing officer,either the complainant or the respondent may file a i E f written appeal of the decision of the adjudication committee or the hearing officer to the board. if no E j appeal is filed within thirty(30)working days,then the findings and conclusions are final.After I considering the record of the evidence presented at the hearing and the findings and conclusions of the j r adjudication committee or the hearing officer,the board may affirm the decision of the adjudication committee or the hearing officer and adopt the findings and conclusions of the adjudication committee or the hearing officer, or it may affirm the decision of the adjudication committee or the hearing officer i ! and make supplemental findings and conclusions of its own,or it may reverse the decision of the adjudication committee or the hearing officer and make findings of fact and conclusions to support its j decision.The board may also adopt, modify or reverse any relief ordered by the adjudication committee or the hearing officer. The board shall make a good faith effort to take any of the above actions within i f thirty(30)working days after the appeal is filed,but may extend the time as needed,up to an additional thirty(30)working days. j (f) Members of board who are ineligible to participate. No member of the board who initiated a complaint, 1 i who is the subject of a complaint,or who has an immediate family member who is the subject of a complaint shall participate in the adjudication of that complaint as a member of the three-person panel, J the adjudication committee or the board. In the event of an appeal to the board,a board member's participation on the three-person panel or on the adjudication committee shall not be a basis for ! i ineligibility. httD://Iibrarv.munic,ode.com/HTML/]20]6/tevel3/TTTTTTPT TNRWF. C 14'5R t Hi 1R FF.C ()P A z 1AII) t I?