(a) The commission shall promptly investigate every complaint filed, as provided in this article. If the commission shall determine, after such investigation, that the person or persons named in such complaint have not engaged in any unlawful practice, it shall make written findings of fact and dismiss the complaint.
(b) If the commission determines after such investigation that probable cause exists for the allegations made in the complaint, the commission shall set a date for a conciliation hearing. At such hearing, the Commission or a member thereof shall interview the complainant and the person or persons against whom the complaint has been directed and shall attempt to resolve the complaint by all proper methods of conciliation and persuasion. If such attempts at conciliation are not successful within thirty (30) days after the date of filing of the complaint, or at such earlier date as the Commission may determine that further efforts at conciliation are not warranted, the Commission shall then, upon the request of the complainant, proceed promptly with a full hearing of the complaint.
(c) Such hearing shall be conducted by the Commission or any three (3) members thereof upon not less than five (5) days' written notice to all parties. The Commission shall have full power to subpoena witnesses and pertinent documents, which power may be enforced by the Commission by proper petition to any court of competent jurisdiction. The Commission shall have power to administer oaths and to take sworn testimony. The Commission shall cause a court reporter to be in attendance at such hearing and to record the proceedings. Any party shall be entitled to be represented by counsel and shall have the right to call witnesses on his own behalf and to cross-examine witnesses. The Commission may adopt reasonable rules for the conduct of the hearing but shall not be bound by the strict rules of evidence. At the conclusion of the hearing, the Commission shall render to the Board of Trustees a written report containing findings of fact and recommendations which shall be served by mail upon the complainant and the respondent. No report shall be delayed more than sixty (60) days after the date of the issuance of notice for commencement of the hearing.
(d) If the Commission finds that an unlawful real estate practice has been committed, it may recommend to the Board of Trustees that the Trustees order any person who has committed or is committing such a practice to cease and desist therefrom upon such terms and conditions as the Commission shall deem to be in accordance with the intent and purpose of the provisions of this Article or that the Board of Trustees take such other action as it is hereinafter empowered to take. (M.C. 1963, § 27.1207; amd. Ord. 0-68-20; Ord. 0-68-54; Ord. 0-73-17)