A. Election Of Judicial Determination: When a probable cause determination has been issued, a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in that complaint decided in a civil action under section 8-5-12 of this chapter in lieu of a hearing under subsection F of this section. The election must be made not later than twenty (20) days after the receipt by the electing person of service under section 8-5-7 of this chapter, or, in the case of the commission, not later than twenty (20) days after such service. The person making such election shall give notice of doing so to the commission and to all other complaints and respondents to whom the complaint relates.
B. Administrative Law Judge Hearing In Absence Of Election: If an election is not made under subsection A of this section with respect to a complaint, the commission shall provide an opportunity for a hearing on the record with respect to the complaint issued under section 8-5-6 of this chapter. The commission shall delegate the conduct of a hearing under this section to an administrative law judge appointed by the commission.
C. Rights Of Parties: At a hearing under this section, each party may appear in person, be represented by counsel, present evidence, cross examine witnesses, and obtain the issuance of subpoenas under section 8-5-8 of this chapter. Any aggrieved person may intervene as a party in the proceeding. The Iowa rules of evidence apply to the presentation of evidence in such hearing as they would in a civil action in the Iowa district court.
D. Expedited Discovery And Hearing:
1. Discovery in administrative proceedings under this section shall be conducted as expeditiously and inexpensively as possible, consistent with the need of all parties to obtain relevant evidence.
2. A hearing under this section shall be conducted as expeditiously and inexpensively as possible, consistent with the needs and rights of the parties to obtain a fair hearing and a complete record.
E. Resolution Of Charge: Any resolution of a charge before a final order under this section shall require the consent of the aggrieved person on whose behalf the charge is issued.
F. Hearings, Findings, Conclusions And Order:
1. The administrative law judge shall commence the hearing under this section no later than one hundred twenty (120) days following the probable cause determination, unless it is impracticable to do so. If the administrative law judge is unable to commence the hearing within one hundred twenty (120) days after the determination, the administrative law judge shall notify the commission, the aggrieved person on whose behalf the charge was filed, and the respondent, in writing, of the reasons for not doing so.
2. The administrative law judge shall make findings of fact and conclusions of law within sixty (60) days after the end of the hearing under this section, unless it is impracticable to do so. If the administrative law judge is unable to make findings of fact and conclusions of law within such period, or any succeeding sixty (60) day period thereafter, the administrative law judge shall notify the commission, the aggrieved person on whose behalf the charge was filed and the respondent, in writing, of the reasons for not doing so.
3. If the administrative law judge finds that a respondent has engaged or is about to engage in a discriminatory housing practice, such administrative law judge shall promptly issue an order for such relief as may be appropriate, which may include actual damages suffered by the aggrieved person and injunctive or other equitable relief. Such order may, to vindicate the public interest, assess a civil penalty against the respondent in an amount not to exceed those established by the federal fair housing act in section 42 USC 3612.
4. No such order shall affect any contract, sale, encumbrance, or lease consummated before the issuance of such order and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the charge filed under this chapter.
5. In the case of an order with respect to a discriminatory housing practice that occurred in the course of a business subject to licensing or regulation by a governmental agency, the commission shall, not later than thirty (30) days after the date of the issuance of such order or if such order is judicially reviewed, thirty (30) days after such order is in substance affirmed upon such review:
a. Send copies of the findings of fact, conclusion of law, and the order to that governmental agency.
b. Recommend to that governmental agency appropriate disciplinary action including, where appropriate, the suspension or revocation of the license of the respondent.
6. If the administrative law judge finds that the respondent has not engaged or is not about to engage in a discriminatory housing practice, as the case may be, such administrative law judge shall enter an order dismissing the charge. The commission shall make public disclosure of each such dismissal.
7. An administrative law judge may not continue administrative proceedings under this section regarding any alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved party under a federal or state law, seeking relief with respect to that discriminatory housing practice. (Ord. 18-09, 4-6-2009)