(A) Any person aggrieved in any manner by an unfair real estate practice may file a written complaint with the Commission setting forth the grievance. Said complaint must be filed within 60 days of the occurrence of the alleged unfair real estate practice and shall state the name and address of the complainant and of the person or persons against whom the complaint is brought and shall also state the alleged facts surrounding the alleged unfair real estate practice.
(B) After the filing of any complaint the Chairman of the Commission shall designate three members as a panel to make prompt investigation in connection therewith. If the panel determines that the respondent has not engaged in any unlawful practice, it shall state its findings of fact in writing and the Commission shall dismiss the complaint. If the panel determines, after such investigation, that probable cause exists for the allegations made in the complaint they shall immediately endeavor to eliminate the alleged practice by conference, conciliation and persuasion. In case of failure to eliminate such practice within 60 days of the date of filing of the complaint, the Commission shall then proceed promptly with a full hearing of the complaint. The Commission shall then send a copy of such complaint, or a description of the alleged practice in the event no complaint has been filed, to all parties, and at the same time notify them of a full hearing of the alleged practice at a time and place to be specified in such notice. Any real estate broker or other person charged with the unfair real estate practice shall have the right to file an answer, and such person and complaint may appear at the hearing in person or be represented by counsel, and submit testimony.
(C) Such hearing shall be conducted by the entire Commission or a quorum thereof. The Commission shall not be bound by the strict rules of evidence. The Commission shall have the power to administer oaths and to take sworn testimony. No report shall be delayed more than 60 days after the date of the issuance of notice for the first hearing. At the conclusion of the hearing the Commission shall file with the Board of Trustees and mail to the parties involved a written report of its findings and conclusions, including recommendations, if any, regarding the filing of a complaint with the Department of Registration and Education of the state, against any real estate broker found to have an unfair real estate practice, seeking suspension or revocation of the license issued to such broker by the state, and the filing of suit against any person found to have committed an unfair real estate practice.
(Ord. 290-69, passed 12-17-68)