§ 1-41 Basis of Determination.

The Law Enforcement Bureau must find probable cause exists to credit the allegations of a complaint that an unlawful discriminatory practice, act of discriminatory harassment or violence, or act of bias-based profiling has been or is being committed by a respondent where a reasonable person, looking at the evidence as a whole, could reach the conclusion that it is more likely than not that the unlawful discriminatory practice, act of discriminatory harassment or violence, or act of bias-based profiling was committed.

(Added City Record 8/6/2019, eff. 9/5/2019)

§ 1-42 Notice of Determination.

The Law Enforcement Bureau must serve the complainant and respondent with written notice of its determination as to whether probable cause exists. A determination to dismiss the complaint upon a finding of no probable cause must state the reasons for the Law Enforcement Bureau's conclusion.

(Added City Record 8/6/2019, eff. 9/5/2019)

§ 1-43 Review of Determination.

   (a)   No review of probable cause determination. A determination that probable cause exists to credit some or all of the allegations of a complaint is not subject to interlocutory review or appeal.

   (b)   Review of determination of no probable cause. A determination that dismisses a complaint, in whole or in part, on a finding of no probable cause is reviewable in accordance with 47 RCNY § 1-23.

   (c)   Withdrawal of a determination of probable cause. Prior to a hearing before OATH, the Law Enforcement Bureau may withdraw a probable cause determination if it determines a reasonable person looking at the evidence as a whole could no longer reach the conclusion that it is more likely than not that the unlawful discriminatory practice, act of discriminatory harassment or violence, or act of bias-based profiling was committed.

(Added City Record 8/6/2019, eff. 9/5/2019)

Subchapter F: Settlement and Conciliation

§ 1-51 Settlement.

   (a)   General. A complainant, respondent, or any other necessary party may, at any time, enter into an agreement to settle a case.

   (b)   Mediation. The Law Enforcement Bureau may, in its discretion, refer a case to the Office of Mediation and Conflict Resolution for mediation of a settlement agreement as provided in Subchapter H of this chapter.

   (c)   Legal effect of settlement agreement. Where a complainant agrees pursuant to a settlement agreement to withdraw a complaint, the legal effect of such withdrawal is governed by 47 RCNY § 1-21(a).

(Added City Record 8/6/2019, eff. 9/5/2019)

§ 1-52 Conciliation.

   (a)   General. The Law Enforcement Bureau, complainant, respondent and any other necessary parties may, at any time after the filing of a complaint, agree to a conciliated resolution of a case.

   (b)   Mediation. The Law Enforcement Bureau may, in its discretion, refer a case to the Office of Mediation and Conflict Resolution for mediation of a conciliation agreement as provided in Subchapter H of this chapter.

   (c)   Conciliation agreements.

      1.   Form and content. Every conciliation agreement must contain an acknowledgement of the execution of the agreement by the Law Enforcement Bureau and each complainant, respondent, and other necessary party who is party to the agreement. The provisions of the conciliation agreement may be such as are agreed to by the parties to the agreement.

      2.   Entry of order by Commission. When a conciliation agreement has been fully executed, the Law Enforcement Bureau must promptly forward such agreement to the Chair. The signature of the Chair on a conciliation agreement with the notation "SO ORDERED" will be construed to be an order of the Commission pursuant to § 8-115(d) of the Code, directing the parties to such agreement to perform each and every obligation under such conciliation agreement in the time and manner set forth in the agreement. The Chair must deliver the order of the Commission to the Law Enforcement Bureau for service on the parties to the agreement.

      3.   Effective date. A conciliation agreement is binding at the time that it is so-ordered by the Chair, after it has been executed by the parties to the agreement.

   (d)   Legal effect of conciliation. Where a complaint is withdrawn pursuant to a conciliation agreement, the legal effect of such withdrawal is governed by 47 RCNY § 1-21(a).

(Added City Record 8/6/2019, eff. 9/5/2019)

Subchapter G: Adjudication Procedures