§ 11.20.110. Complaints—Filing—Investigation—Hearing.

A.

An individual claiming to be aggrieved by an unlawful practice or a member of the metropolitan human relations commission may file with the commission a written and sworn complaint stating that an unlawful practice has been committed, setting forth the facts upon which the complaint is based, and setting forth facts sufficient to enable the commission to identify the persons charged (hereinafter the "respondent"). The complaint must be filed within six months after the alleged unlawful practice occurs.

B.

The commission shall make a prompt and full investigation of each complaint.

C.

If it is determined that there is no probable cause to believe that the respondent has engaged in an unlawful practice, the commission shall issue an order dismissing the complaint.

D.

If it is determined, after investigation, that there is probable cause to believe that the respondent has engaged in unlawful practice, the commission shall endeavor to eliminate the alleged unlawful practice by conference, conciliation and persuasion. The terms of a conciliation agreement reached with a respondent may require him to refrain from the commission of unlawful discriminatory practices in the future and make such further provisions as may be agreed upon between the commission or its staff and the respondent. Except for the terms of the conciliation agreement, neither the commission nor any officer, employee, agent or representative thereof shall make public, without the written consent of the complainant and the respondent, information concerning efforts in a particular case to eliminate an unlawful practice by conference, conciliation or persuasion, whether or not there is a determination of probable cause or a conciliation agreement.

E.

In any case of failure to eliminate the alleged unlawful practice by means of conference, conciliation or persuasion, the commission shall direct the review panel to hold a private hearing to determine whether or not an unlawful practice has been committed. The review panel shall furnish to the respondent a statement of the charges made in the complaint and a notice of the time and the place of the hearing. The hearing shall be held not less than ten days after furnishing of the statement of charges. The respondent may file an answer, may appeal at the hearing in person or may be represented by an attorney, and shall have the right to examine or to cross-examine witnesses.

F.

If the review panel determines that the respondent has not engaged in an unlawful practice, the panel shall report its findings to the metropolitan human relations commission, and the commission shall rule that the complaint is dismissed.

G.

If the review panel determines that the respondent has engaged in an unlawful practice, the review panel shall report its findings to the metropolitan human relations commission and the commission, with a quorum present and by a majority vote of those present, may seek relief for the aggrieved person or persons under Section 11.20.120.

H.

Testimony taken at the hearing shall be under oath and may be transcribed. The rules of evidence prevailing in courts shall be substantially observed. After the hearing, in its discretion, the commission, upon notice to all parties with the opportunity to be present, may take further evidence or hear argument.

(Prior code § 14A-1-11)