515.06 COMPLAINT PROCEDURE.
(a) Whenever it is charged in writing and under oath, by a person, referred to as the "complainant" that any person, referred to as the "respondent" has engaged or is engaging in any unlawful discriminatory practice(s) in Section 515.02 or upon its own initiative in matters relating to such unlawful discriminatory practices, the Fair Housing Officer or a committee designated by the Fair Housing Commission shall initiate a preliminary investigation. Such preliminary investigation shall be an attempt to determine whether or not there is any merit to the charge. If it is determined after such preliminary investigation that it is not probable that any unlawful discriminatory practice has occurred, the Fair Housing Officer or the committee shall notify the "respondent" and the "complainant" of its determination and no further action wild be pursued. No such complaint shall be made later than 120 days after the date of occurrence of the act or practice complained of.
If it is determined that it is probable that any unlawful discriminatory practice has occurred, the Fair Housing Officer or the designated committee shall endeavor to eliminate such practices by informal methods of conference, conciliation and persuasion, which proceedings may include or involve the execution by the parties of a written conciliation agreement setting forth the manner, terms and conditions of the resolution of such dispute and requiring compliance with any such terms and conditions. Nothing said or done during any such endeavors at conciliation shall be disclosed by any member of the Commission or its staff or be used in any subsequent proceedings. If, after such investigation and conference, the Fair Housing Officer or the designated committee is satisfied that any unlawful discriminatory practice of the respondent will be eliminated, it may treat the complaint as conciliated.
If the Fair Housing Officer or the designated committee fails to effect the elimination of any unlawful discriminatory practice(s) and to obtain voluntary compliance with this chapter, the Fair Housing Commission shall issue and cause to be served upon any person or respondent a complaint stating the charges in that respect and containing a notice of hearing before a hearing examiner appointed by the Commission at a place therein fixed to be held not less than ten days after the service of such complaint. Such hearing shall be held at a place designated by the Commission. The City Law Director, a member of his/her staff, or an attorney appointed by the Commission may represent the Commission at such hearing.
(b) Any complaint may be amended by the Commission or its hearing examiner conducting the hearing, at any time prior to or during the hearing based thereon. The respondent shall have the right to file an answer or to amend an answer to the original or amended complaint, and to appear at such hearing in person, be represented by an attorney or other person, or otherwise to examine and cross-examine witnesses.
(c) The complainant shall be a part to the proceeding and any person who is an indispensable party to a complete determination or settlement or a question involved in a proceeding shall be joined. Any person who has or claims an interest in the subject of the hearing and in obtaining or preventing relief against the acts or practices complained of may, in the discretion of the person or persons conducting the hearing, be permitted to appear for the presentation of oral or written arguments.
(d) In any proceeding, the hearing examiner or the Commission shall not be bound by the rules of evidence prevailing in the courts of law or equity, but shall, in ascertaining the practices followed by the respondent, take into account all reliable, probative and substantial evidence, statistical or otherwise, produced at the hearing which may tend to prove the existence or nonexistence of any unlawful discriminatory practice(s) or a predetermined pattern of unlawful discriminatory practice(s).
(e) The testimony taken at the hearing shall be under oath and shall be reduced to writing and filed with the Commission. Thereafter, at its discretion, the Commission or its hearing examiner upon notice to the complainant and to the respondent with an opportunity to be present may take further testimony or hear argument.
No person shall be compelled to be a witness against himself at any hearing before the Commission or a hearing examiner of the Commission.
(f) If upon all the reliable, probative and substantial evidence, the hearing examiner determines that the respondent has engaged in, or is engaging in, any unlawful discriminatory practice(s) charged in the complaint, the hearing examiner shall state in writing to the Commission the findings of fact and conclusions of law and any recommendations concerning remedial action to be taken. Whereupon, the Commission shall issue and cause to be served on such respondent an order requiring such respondent to cease and desist from such discriminatory practice(s) and to take such further affirmative or other action as will effectuate the purpose of this chapter.
(g) If the hearing examiner finds that no probable cause exists for crediting the charges, or if upon all the evidence, the hearing examiner finds that a respondent has not engaged in any discriminatory unlawful practice(s) against the complainant or others, the examiner shall state in writing to the Commission the findings of fact and conclusion of law and the Commission shall issue and cause to be served on the complainant and the respondent an order dismissing the complaint as to such respondent.
(h) Any party to the proceeding, claiming to be aggrieved by a final order of the Commission, including a determination by it that a prima facie case was not established by the complainant, may obtain judicial review thereof by a resort to any court of competent jurisdiction in accordance with the provisions of Ohio R.C. Chapter 2506.
(Ord. 89-150. Passed 7-5-89.)