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A. Reference To Subcommittee: Upon receipt of a complaint under Section 27.5 of this Chapter, or upon receipt of any matter relating to an unfair real estate practice referred to the Human Relations Board by the Board of Trustees, the chairman of the Human Relations Board shall designate a subcommittee to make a prompt investigation thereof.
B. Conciliation Through Subcommittee: If the subcommittee, upon investigation, determines that probable cause exists for believing that the alleged unfair real estate practices may have occurred, the subcommittee or a member selected by the subcommittee shall immediately endeavor to eliminate or correct the alleged unfair real estate practice by conciliation. If the conciliation is effective to eliminate or correct the alleged unfair real estate practice, the subcommittee shall report its work and the results thereof to the full Human Relations Board.
C. Hearings, General: In the event that the subcommittee fails to eliminate or correct all or part of an alleged unfair real estate practice by conciliation, or in advance thereof, if circumstances so warrant in the judgment of the subcommittee, the subcommittee shall send a copy of the complaint (or a description of the alleged unfair real estate practice under investigation, if no complaint has been filed) to all parties directly concerned. Each such copy of the complaint shall be accompanied by written notice of a hearing, as to any party whose participation in the alleged unfair real estate practice has not been eliminated or corrected by conciliation, specifying time and place for the hearing.
D. Appearance At Hearing: Any person charged with an unfair real estate practice shall have a right to file an answer and all parties directly concerned in the alleged unfair real estate practice may appear at the hearing in person or by counsel.
E. Conduct Of Hearing: Each hearing shall be conducted by the Human Relations Board with a quorum of at least three (3) members (which may include the chairman) present. The Human Relations Board shall have the power to administer oaths and to take sworn testimony. At any hearing under this Section, any oral or documentary evidence may be received, but irrelevant, immaterial or unduly repetitious evidence should be excluded. Any party appearing at a hearing shall be entitled to submit evidence in support of his case, to submit rebuttal evidence, and to cross-examine witnesses as required for a full disclosure of the facts. The Human Relations Board, in its discretion, may also receive relevant evidence from persons other than the actual parties to a hearing. Any decision, finding or recommendation of the Human Relations Board shall be based upon and shall be in accordance with the reliable, probative, and substantial evidence presented at the hearing. (1992 Code)