(A) Within 90 days after a complaint is filed, unless the Commission has issued an order dismissing the complaint or stating the terms of a conciliation agreement or within 30 days after an application for review is filed under KRS 344.200(3), the Commission shall serve on the Respondent by certified mail a written notice, together with a copy of the complaint as it may have been amended, requiring the Respondent to answer the allegations of the complaint at a hearing before a hearing officer appointed by the Commission at a time and place specified in the notice. A copy of the notice shall be furnished to the Complainant, and such other public officers and persons as the Commission deems proper. The hearing officer shall be a person qualified to be a District Court Judge and shall be appointed by the Commission for a term not to exceed one year. The hearing officer shall rule on all questions of law and fact and after the hearing shall issue written findings of fact and conclusions of law.
(B) A member of the Commission who files the complaint or endeavors to eliminate the repetition of the alleged unlawful act by conference, conciliation or persuasion, shall not participate in the hearing or in the subsequent deliberation of the Commission.
(C) The Respondent shall file an answer with the Commission by certified mail not less than 20 days before the hearing date. The Commission or the Complainant may amend a complaint and the Respondent may amend an answer at any time prior to the issuance of an order based on the complaint, but no order shall be issued unless the Respondent has had the opportunity of a hearing on the complaint or amendment on which the order is based.
(D) The case in support of the Complainant shall be presented before the hearing officer by one of the attorneys of the Jefferson County Attorney’s Office. Efforts at conference, conciliation, and persuasion shall not be received in evidence.
(E) A Respondent who has filed an answer or whose default in answering has been set aside for good cause shown may appear at the hearing, may examine and cross-examine witnesses and the Complainant, and may offer evidence. The Complainant, and, in the discretion of the hearing officer, any person may intervene, examine and cross-examine witnesses, and present evidence.
(F) If the Respondent fails to answer the complaint, the Commission may enter his or her default. Unless the default is set aside for good cause shown, the hearing may proceed on the evidence in support of the complaint.
(G) Testimony taken at the hearing shall be under oath and transcribed.
(1999 Lou. Code, § 98.51) (Lou. Ord. No. 281-1991, approved 11-13-1991; Lou. Metro Am. Ord. No. 193-2004, approved 12-10-2004)