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(A) The administration and enforcement of this chapter shall be the responsibility of the Louisville/Jefferson County Human Relations Commission - Enforcement, and it shall have full operating responsibility for carrying out the provisions of this chapter.
(B) In addition to any powers or duties heretofore conferred on the Human Relations Commission - Enforcement, it shall have the power and duty to:
(1) Meet and exercise its powers at any place within Jefferson County;
(2) Employ attorneys, hearing examiners, clerks, and other employees and agents, and to appoint and empower committees and divisions to assist in effecting the purposes and provisions of this chapter;
(3) Accept gifts or bequests, grants, or other payments, public or private, to help finance its activities;
(4) Receive, initiate, investigate, seek to conciliate, hold hearings on, and pass on complaints alleging violations of this chapter. By itself or through the Executive Director of the Human Relations Commission - Enforcement ("Executive Director"), the Human Relations Commission - Enforcement may hold public or private hearings, administer oaths, and take the testimony of any person under oath relating to any matter under investigation or in question. If a person against whom a complaint of discriminatory practice is made is notified as hereinafter provided to attend any hearing, public or private, before the Human Relations Commission - Enforcement or the Executive Director, as the case may be, the Human Relations Commission - Enforcement or the Executive Director may proceed to make a determination in such person’s absence;
(5) Compel the attendance of witnesses and the production of evidence before it by subpoena issued by the Jefferson Circuit Court;
(6) Issue remedial orders, after notice and hearing, requiring cessation of violations of this chapter;
(7) Publish or cause to be published conciliation agreements or enforcement agreements. All other records and information shall be confidential except as reasonably necessary to conduct an investigation and proceeding;
(8) Issue such affirmative orders as in the judgment of the Human Relations Commission - Enforcement will carry out the purposes of this chapter. Affirmative action ordered may include, but is not limited to, the remedies enumerated in KRS 344.230(3); and
(a) All other remedies detailed in KRS Chapter 344 and Title VIII of the Federal Civil Rights Act of 1968 as amended;
(b) Apply to the Jefferson Circuit Court for such temporary or permanent relief as it deems necessary; where such relief is granted, notice of the relief shall be promptly filed in the office of the County Clerk of Jefferson County, Kentucky.
(9) Subject to approval of the Metro Government, adopt, promulgate, amend, and rescind rules and regulations to effectuate the purposes and provisions of this chapter, including regulations requiring the posting of notices prepared or approved by the Human Relations Commission - Enforcement; and
(10) Receive, initiate as hereinafter provided, investigate, hear or determine charges, and remediate violations of unlawful practices prohibited by this chapter; and
(a) Enter into cooperative working agreements with the United States Equal Employment Opportunity Commission (EEOC) created by Section 705 of the Federal Civil Rights Act of 1964 (78 Stat. 241) in order to achieve the purpose of that Act; and with any federal or state agency in order to achieve the purposes of this chapter.
(b) In its discretion, or upon request of the Kentucky Commission of Human Rights (the “State Commission”), refer a matter under its jurisdiction to the State Commission for initial action or review.
(c) Refer to the State Commission for resolution a dispute over jurisdiction or other matter with another local commission.
(d) Provide a copy of its annual report to the State Commission.
(11) Institute proceedings in Jefferson Circuit Court for enforcement of the orders of the Human Relations Commission - Enforcement or its Executive Director, including appeal;
(12) Exercise all other applicable powers as provided in the Kentucky Civil Rights Act.
(1994 Jeff. Code, § 92.08) (Jeff. Ord. 36-1999, adopted and effective 10-12-1999) (1999 Lou. Code, § 98.08) (Lou. Ord. No. 0088-2001, 2, approved 8-16-2001; Lou. Metro Am. Ord. No. 129-2003, approved 7-18-2003; Lou. Metro Am. Ord. No. 193-2004, approved 12-10-2004)
(A) Any person or persons claiming to be aggrieved by an unlawful practice that is prohibited by this chapter may file a written complaint in accordance with the rules and regulations of the Human Relations Commission - Enforcement. The complaint must be filed within 180 days after the alleged unlawful practice occurred. Any member of the Human Relations Commission - Enforcement who has reason to believe an unlawful practice has occurred may file a complaint. Any person or persons claiming to be aggrieved by an act in violation of this chapter may file an action in Jefferson Circuit Court and obtain civil remedies as provided in KRS Chapter 344 and Title VIII of the Federal Civil Rights Act of 1968 as amended and any other federal civil rights statute that grants state courts concurrent jurisdiction.
(B) Complaints filed with the Human Relations Commission - Enforcement by individuals should:
(1) Be executed and filed at the Human Relations Commission - Enforcement office; members of the Human Relations Commission - Enforcement staff will assist the complainant to prepare the complaint;
(2) Be verified by each complainant;
(3) Contain the name and address of each complainant;
(4) Contain the names and addresses of the respondent(s) who committed the unlawful practice prohibited by this chapter;
(5) Give fair notice of the facts relied upon to show the unlawful practice or practices;
(6) State clearly and concisely the alleged violation; and
(7) State the date of the violation.
(C) On receipt of a complaint, or acceptance of a complaint referred by the Kentucky Human Rights Commission, the EEOC or HUD, the Human Relations Commission - Enforcement shall serve the complaint and a written resume setting forth the rights of the parties and the procedures to be followed by the Human Relations Commission - Enforcement in the investigation and adjudication of the complaint on the person or persons charged with a violation of this chapter (hereinafter referred to as the respondent, whether one or more persons), and mail a copy to the complainant.
(D) On receipt of a complaint, the respondent shall, within 30 days, file with the Human Relations Commission - Enforcement an answer, under oath or affirmation, to the allegations in the complaint. The staff of the Human Relations Commission - Enforcement shall attempt to resolve the complaint and conduct a preliminary investigation of the complaint and shall within 100 days after service of the complaint on the respondent, unless there has been a settlement, render a final investigative written report detailing documentary and witness evidence to the Executive Director.
(E) The Executive Director, within 30 days after receipt from the staff of the Human Relations Commission - Enforcement of the report of the preliminary investigation, shall determine whether there is reasonable cause to believe that an unlawful practice has been committed.
(1) If the Executive Director determines that there is no such reasonable cause, the complaint shall be dismissed.
(2) If the Executive Director determines that there is such reasonable cause, the Human Relations Commission - Enforcement shall make an effort to eliminate the unlawful practice by conference and conciliation. All conciliation and/or enforcement agreements and administrative closures shall be approved by the Executive Director of the Commission.
(3) If reasonable cause concerning allegations of an unlawful practice in connection with housing is found, the complainant and respondent shall be advised in writing that either party may elect to have their claims asserted in the complaint decided in a civil action. Notice of this election must be made to the Human Relations Commission - Enforcement and all other parties not later than the 20th day after receipt of the right of election. Upon receipt of such notice, the Human Relations Commission - Enforcement shall authorize, within 30 days thereafter, filing and maintaining an action on behalf of the complainant in Jefferson Circuit Court which may award all relief available under this chapter.
(4) Within 45 days after the Human Relations Commission - Enforcement has determined that reasonable cause exists, unless an order has been issued dismissing the complaint or stating the terms of a conciliation agreement, a hearing shall be set and necessary and reasonable discovery pursuant to KRS Chapter 344.
(F) Any endeavors or negotiations for conciliation shall not be received in evidence and shall be held in confidence by the Human Relations Commission - Enforcement and its staff.
(G) The determination of the Executive Director may be reconsidered on petition of any aggrieved party, except that an application to reconsider must be filed within 20 days of service of the adjudicative order on the aggrieved party. Dismissal after reconsideration is a final order by the Human Relations Commission - Enforcement.
(H) In connection with an investigation of a complaint filed under this chapter, the Human Relations Commission - Enforcement, or its designated representatives, may at any reasonable time request access to the premises, records and documents relevant to the complaint and shall have the right to examine, photograph, and copy evidence. If a person fails to permit access, examination, photographing, or copying of records or documents relative to the complaint, the Human Relations Commission - Enforcement may apply to the Jefferson County Circuit Court for an order requiring compliance.
(I) All hearings held under and pursuant to this chapter shall be open to the public.
(J) At any time after a complaint has been filed, the Human Relations Commission - Enforcement may file an action in the Jefferson Circuit Court seeking appropriate temporary relief against the respondent, pending the final determination of proceedings under this section.
(K) At any time after a complaint has been filed, the Human Relations Commission - Enforcement may file an action in the Jefferson Circuit Court seeking such appropriate relief against any person as it may deem necessary to prevent any change of position between the complaint(s) and the respondent(s) or to prevent the questions presented to the Human Relations Commission - Enforcement from becoming moot.
(L) If the Human Relations Commission - Enforcement determines that any respondent has committed an unlawful act prohibited by this chapter and the respondent refuses to comply with or obey the order issued by the Human Relations Commission - Enforcement, the Human Relations Commission - Enforcement may file an action in the Jefferson Circuit Court seeking enforcement of the order.
(M) The Human Relations Commission - Enforcement may file suit in the Jefferson Circuit Court seeking enforcement of any of its orders issued pursuant to this chapter.
(1994 Jeff. Code, § 92.09) (Jeff. Ord. 36-1999, adopted and effective 10-12-1999) (1999 Lou. Code, § 98.09) (Lou. Ord. No. 0088-2001, 2, approved 8-16-2001; Lou. Metro Am. Ord. No. 129-2003, approved 7-18-2003; Lou. Metro Am. Ord. No. 193-2004, approved 12-10-2004)
(A) In the event a complaint is not resolved under § 92.09, a written notice, signed by the Director of the Human Relations Commission - Enforcement or authorized representative, together with a copy of the complaint, shall require the respondent to answer the charges of such complaint at a hearing before a Hearing Officer. The Executive Director shall not be eligible to serve as the Hearing Officer. The hearing shall be held no less than 60 days after service of the notice on the respondent and complainant.
(B) At the hearing, the case in support of the averments of the complaint may be presented by counsel designated by the Human Relations Commission - Enforcement. The order of proof shall be that set forth in the Kentucky Rules of Civil Procedure. The Hearing Officer may hear summations by counsel. While strict rules of evidence governing trials at law or in equity need not be applied, the Hearing Officer will abide by the general principles of evidence to the end that a rational investigation after the truth may be had.
(C) The Hearing Officer may grant continuances to either side for good cause shown. The introduction of issues not raised by pleadings is good cause for continuation of the hearing as to such issue.
(1994 Jeff. Code, § 92.10) (Jeff. Ord. 36-1999, adopted and effective 10-12-1999) (1999 Lou. Code, § 98.10) (Lou. Ord. No. 0088-2001, 2, approved 8-16-2001; Lou. Metro Am. Ord. No. 129-2003, approved 7-18-2003; Lou. Metro Am. Ord. No. 193-2004, approved 12-10-2004)
(A) DEFAULT as used herein is defined as:
(1) The failure of a respondent to appear at a hearing shall be ruled as a default.
(2) Any act, counsel, deliberate omission, communication, signal, or the like, direct or indirect, made or done by a respondent or any of his or her agents or attorneys on his or her behalf, which:
(a) Induces or helps to induce a person other than the respondent to refrain from testifying before the Human Relations Commission - Enforcement, to refrain from discussing a matter with the Human Relations Commission - Enforcement staff, to frustrate adjustments, or to misrepresent any fact to the Human Relations Commission - Enforcement; or
(b) Frustrates or attempts to frustrate adjustments, or cause the misrepresentation of a fact to the Human Relations Commission - Enforcement.
(B) Whenever the Hearing Officer decides by clear and convincing evidence that a default has occurred, he or she shall serve upon the respondent so charged an order of default against him or her. The making of such an order entitles the Hearing Officer forthwith to make findings of fact sustaining the averments of the complaint without resort to testimony.
(1994 Jeff. Code, § 92.11) (Jeff. Ord. 36-1999, adopted and effective 10-12-1999) (1999 Lou. Code, § 98.11) (Lou. Metro Am. Ord. No. 129-2003, approved 7-18-2003; Lou. Metro Am. Ord. No. 193-2004, approved 12-10-2004)
(A) Finding of fact and conclusions of law shall be made after all hearings have ended in a matter before the Hearing Officer and they shall be in the style prescribed in Rule 52.01, Kentucky Rules of Civil Procedure. Finding of fact made as a consequence to a default need merely recite the averments of the complaint are true because of the default. Conclusions of law must accompany findings of fact made upon a default.
(B) Based upon the findings of fact and conclusions of law, the Hearing Officer shall, as to each respondent, either dismiss the complaint on the merits or order the respondent to cease and desist from the prohibited discriminatory practice or practices and take such affirmative action as detailed in KRS Chapter 344, Title VIII of the Federal Civil Rights Act as amended, as the Hearing Officer deems necessary to remedy the violation and to prevent its continuation or recurrence. All Hearing Officer orders made under this rule shall be served upon each claimant and respondent affected by the order.
(1994 Jeff. Code, § 92.12) (Jeff. Ord. 36-1999, adopted and effective 10-12-1999) (1999 Lou. Code, § 98.12) (Lou. Ord. No. 0088-2001, 2, approved 8-16-2001; Lou. Metro Am. Ord. No. 129-2003, approved 7-18-2003; Lou. Metro Am. Ord. No. 193-2004, approved 12-10-2004)
(A) An appeal from a determination of the Hearing Officer to the Appeal Panel can be made only by filing with the Human Relations Commission - Enforcement, a notice of appeal. The service of such filing shall be made within 30 days after the service of the Hearing Officer order. The notice of appeal shall specify the Hearing Officer errors and the relief sought by the appeal. A brief may be filed within 30 days of the notice of appeal. A reply brief may be filed within 30 days of service of the appellant’s brief.
(B) The Appeal Panel shall either affirm, modify, reverse or remand after a review of the transcript, briefs, and the findings and orders of the Hearing Officer. The Human Relations Commission - Enforcement shall serve a copy of its final order upon each affected respondent and individual complainant. The Appeal Panel has the discretion to request oral argument.
(C) The Human Relations Commission - Enforcement shall complete its internal process within 365 days unless impractical to do so. The Human Relations Commission - Enforcement shall endeavor to meet all deadlines. The respondent and complainant shall be notified of any necessary extensions sought or granted by the Chair of the Human Relations Commission - Enforcement.
(D) The Human Relations Commission - Enforcement may make such investigations and hold such hearings as it sees fit to determine whether a respondent, who has been ordered to cease and desist from an unlawful practice or practices, has complied with the order.
(1994 Jeff. Code, § 92.13) (Jeff. Ord. 36-1999, adopted and effective 10-12-1999) (1999 Lou. Code, § 98.13) (Lou. Ord. No. 0088-2001, 2, approved 8-16-2001; Lou. Metro Am. Ord. No. 129-2003, approved 7-18-2003; Lou. Metro Am. Ord. No. 193-2004, approved 12-10-2004)
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