a. An individual claiming to be aggrieved by an unlawful practice other than a discriminatory housing practice, or a member of the Commission may file with the Commission a written (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 person charged, hereinafter called the respondent. The complaint must be filed within one hundred eighty (180) days after the alleged unlawful practice occurs.
b. The Commission shall make a prompt and full investigation of each complaint, shall notify the aggrieved party that the complaint has been received and shall serve on the respondent a copy of the complaint within five (5) days.
c. A determination of whether or not there is probable cause to believe that the respondent has engaged in an unlawful action shall be made within thirty (30) days after the complaint has been filed.
d. If it is determined after investigation that there is probable cause to believe that the respondent has engaged in an unlawful practice, the Commission shall endeavor to eliminate the alleged unlawful practice by conference, conciliation and/or persuasion. The terms of a conciliation agreement reached with a respondent, and approved by the Commission, may require him to refrain from committing unlawful 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 or employee 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 has been a determination of probable cause or a conciliation agreement. The Commission shall monitor compliance with the approved conciliation agreement and may take appropriate action upon a finding that the terms of the agreement are not being complied with by the respondent.
e. In any case of failure to eliminate the alleged unlawful practice by means of conference, conciliation and/or persuasion, the Commission may hold a public hearing to determine whether or not an unlawful practice has been committed. The Commission shall serve upon the respondent a statement of the charge made in the complaint and a notice of the time and place of the hearing. The respondent shall have the right to file an answer, to appear at the hearing in person, or to be represented by an attorney, and to examine and cross-examine witnesses. All testimony shall be taken under oath and recorded. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.
f. If the Commission determines that the respondent has not engaged in an unlawful practice, the Commission shall state its findings of fact and conclusion of law and shall issue an order dismissing the complaint, and shall furnish a copy of the order to the complainant. The complainant, within ten (10) days after receiving a copy of the order dismissing the complaint, may file with the Commission an application for reconsideration of the order. The Commission shall make a new determination within ten (10) days of receipt of the application.
g. If the Commission determines that the respondent has engaged in an unlawful practice, the Commission shall state its findings of fact and conclusion of law and shall issue an order requiring the respondent to cease and desist from the unlawful practice and to take such affirmative action as in the judgment of the Commission will carry out the purposes of this Subchapter.
h. In connection with an investigation of a complaint filed under this Subchapter, the Commission or its designated representative at any reasonable time may request access to premises, records and documents relevant to the complaint and the right to examine, photograph and copy evidence.
i. At any time after a complaint has been filed, the Commission may file an action in the Circuit Court seeking appropriate temporary relief against the respondent pending final determination of proceedings under this Subchapter as provided in KRS 344.200.
j. In the event the respondent fails to comply with any order issued by the Commission, the Commission may file a complaint for enforcement in the Circuit Court pursuant to the provisions of Chapter 344 of the Kentucky Revised Statutes (Kentucky Civil Rights Act KRS 344.340).
(Ord. BG2003-53, 10/7/2003)