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743.13 HEARINGS.
Within thirty calendar days after the complaint is referred to the Fair Housing Review Board the Board shall, upon due and reasonable notice to all parties, conduct a hearing on the complaint. Parties to the hearing shall be the complainant and respondent, and such other persons as the Board may deem appropriate. The hearing shall be open to the public. At least seven days before the hearing, the Board shall serve upon respondent a statement of charges and a summons requiring the attendance of named persons and the production of relevant documents and records. The parties may apply to the Board to have subpoenas issued in the Board's name. Failure to comply with a summons or subpoena shall constitute a violation of this chapter. The parties may file such statements with the Board as they deem necessary. No fewer than three of the same members of the Board must be present at all times during a hearing. The parties may appear before the Board in person or by duly authorized representative, and may be represented by legal counsel. The parties shall have the right to present witnesses and cross-examine witnesses, and all testimony and evidence shall be given under oath or by affirmation.
(Ord. 98-12. Passed 2-16-98.)
743.14 HEARING; DECISIONS.
Where hearings have been held before the Board, only those members of the Board who have attended all hearings on the complaint shall participate in the determination of the complaint. Within fifteen days of the close of the hearing, the decision shall be rendered, in the form of a written order which shall include findings of fact, a statement of whether the respondent has violated Section 743.04, and such remedial actions as the Board may order pursuant to Section 743.16. The order shall be served upon the parties by certified mail, express mail, or any other commercial carrier service utilizing any form of delivery requiring a signed receipt within fifteen days of the date of the decision. The order shall be available for public inspection, and a copy shall be provided to any person upon request and payment of reproduction costs.
(Ord. 98-12. Passed 2-16-98; Ord. 2023-12. Passed 12-18-23.)
743.15 HEARING OFFICER.
The Fair Housing Review Board, in lieu of conducting a hearing upon complaint, may appoint a hearing officer for the purpose of conducting hearings and reporting the findings thereof to the Board. In conducting such hearings, the hearing officer shall be delegated all powers conferred upon the Board pursuant to this chapter as to subpoenaing witnesses, compelling their attendance, administering oaths, taking sworn testimony, and requiring the production for examination of any documents relating to any matter under investigation or question before the Board. Notice of hearing and the procedures therefor shall be in accordance with Section 743.13. After the conclusion of any hearing, the hearing officer shall report these findings to the Board within seven days. Within fifteen days after receipt of the findings of the hearing officer, the Board shall render its decision in accordance with Section 743.14.
(Ord. 98-12. Passed 2-16-98.)
743.16 REMEDIAL ACTIONS.
(1) Directing the respondent to cease and desist from violations of Section 743.04 and to take such affirmative steps, as necessary to effectuate the purposes of this chapter;
(2) Initiating, at the Board's expense, an appropriate court action for the enforcement of Section 743.04, and for such other or further relief as the court may deem appropriate, including, but not limited to, injunctive relief, compensatory damages, punitive damages, and/or attorneys' fees and costs for award to the complainant; such court action shall be required in the event the respondent does not voluntarily comply with remedial actions ordered by the Board;
(3) Initiating proceedings for violation of federal or state law and/or regulations;
(4) Initiating proceedings with any contracting agency, in the case of any violation of Section 743.04 by respondent in the course of performing under a contract or sub-contract with the State or any political subdivision or agency thereof, or with the United States of America or any agency or instrumentality thereof, for the purpose of causing a termination of such contract or any portion thereof, or obtaining other relief;
(5) Initiating proceedings with the State of Ohio where applicable, to revoke, suspend or refuse to renew the license of any person found to have violated any provision of Section 743.04;
(6) Directing the respondent to reimburse the complainant for his actual and reasonable expenses incurred and to be incurred as a result of each violation found including, but not limited to, expenses for moving and temporary storage of household furnishings, additional expenses in connection with the purchase or rental of a dwelling for alternative accommodations, and reasonable attorneys' fees and costs;
(7) Assessing compensatory damages, as appropriate, or arrange to have adjudicated in court at the Board's expense the award of compensatory damages against the respondent;
(8) Assessing civil penalties, as appropriate, or arrange to have adjudicated in court at the Board's expense the award of a civil penalty against the respondent;
(9) Directing the respondent to comply with such other further relief as the Board may deem appropriate for the enforcement of Section 743.04.
(c) The Fair Housing Review Board shall make a final administrative disposition of a complaint within one year after the complaint has been filed, unless it is impracticable to do so, in which case the complainant and the respondent shall be notified in writing of the reasons why disposition of the complaint cannot be made within the time prescribed.
(d) Nothing herein shall be construed to prevent the Board, at its own expense, from initiating appropriate court action on behalf of the complainant in order to enforce the provisions of this chapter. In addition, upon a finding by the Administrator that there are reasonable grounds to believe that a violation of Section 743.04 has occurred, as provided in Section 743.10, either the complainant or the respondent, in lieu of participating in the administrative hearing process before the Fair Housing Review Board, or at any time during said administrative process, may elect to have the case heard in a civil action. Upon notification thereof, the Board, at its expense, shall initiate a civil action in a court of law on behalf of the complainant.
(e) The complainant and the respondent shall have the right to appeal an adverse final determination by the Board to the Cuyahoga County Common Pleas Court pursuant to Ohio R.C. Chapter 2506, or in such other forum or court of competent jurisdiction as provided by law.
(Ord. 98-12. Passed 2-16-98.)
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