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(a) The commission on human relations shall proceed to make the investigation as it may deem appropriate to determine whether there is probable cause to believe that the allegations of discrimination are well founded. If there is no probable cause to believe that the allegations of discrimination are well founded, the commission shall dismiss the complaint. If, after investigation, it is found that probable cause to believe that the allegations of discrimination are well founded, the commission shall transmit the finding of probable cause, along with the reasons for the finding and a recitation of the evidence and names of witnesses that support the finding, to both complainant and respondent. Both complainant and respondent shall be permitted to inspect any documents not prepared by the commission in the files of the commission that are relevant to the determination of probable cause. If there is probable cause to believe that the allegations of discrimination are well founded, and the matter has not been satisfactorily resolved, the parties shall be served notice of the time and place of a conciliation conference by personal service or registered or certified mail at least five business days prior thereto.
(b) No later than 20 days after notice of the finding of probable cause and prior to hearing, the complaining party or the respondent may elect to have the claims asserted in the complaint decided in a circuit court in lieu of a hearing before the commission. Parties shall be notified of their right to this election in the notice of the finding of probable cause. Upon receipt of notice of election, the commission on human relations shall have no further jurisdiction over the parties concerning the charge filed. In a civil action, if a court or jury finds that an unfair or discriminatory practice has occurred, it may award the charging party compensatory damages. The court may grant as relief any injunctive order including affirmative action. Punitive damages may be awarded under SDCL 21-3-2 for a violation of this chapter as they pertain to housing. Attorney’s fees and costs may be awarded to the prevailing party for housing matters.
(1957 Rev. Ords., § 2.1807; 1972 Code, § 13-31; 1992 Code, § 21.5-31) (Ord. 2700, passed 8-17-1970; Ord. 55-76, passed 6-21-1976; Ord. 22-81, passed 3-16-1980; Ord. 51-91, passed 6-10-1991)
The conciliation conference shall be conducted by a representative of the city, who shall attempt to achieve a just resolution and obtain assurances that the respondent will eliminate unfair or discriminatory practices and take appropriate affirmative action. The settlement terms shall be set forth in a conciliation agreement which shall be signed by the complainant, respondent and the human relations commission chairperson.
(1957 Rev. Ords., § 2.1807 ; 1972 Code, § 13-32; 1992 Code, § 21.5-32) (Ord. 2700, passed 8-17-1970; Ord. 55-76, passed 6-21-1976; Ord. 22-81, passed 3-16-1980; Ord. 153-95, passed 12-18-1995)
(a) If the matter before the commission on human relations cannot be resolved by the conciliation conference panel, it shall be set down for public hearing. The parties shall be served notice of the time and place of a public hearing by personal service or registered or certified mail at least ten days prior thereto. The notice shall include a statement informing the parties of their right to transfer the matter to the circuit court as provided in § 98.034(b). The public hearing shall be conducted by a public hearing panel which shall be composed of three commissioners, none of whom shall have been involved in the investigation, determination of probable cause or conciliation.
(b) The public hearing panel shall have authority to conduct prehearing conferences, to subpoena witnesses to appear, testify and produce records, books, papers and other documents, to administer oaths, to take testimony, to receive evidence, to examine and cross examine witnesses and issue orders authorized by this chapter.
(c) Both complainant and respondent shall appear in person at the hearing and may be represented by counsel. Both may, in accordance with the order of procedures as may be determined by the public hearing panel, present evidence, call witnesses and present arguments bearing upon the facts alleged in the complaint.
(d) All witnesses, including complainant and respondent, may be examined and cross examined. The public hearing panel shall not be bound by the strict rules of evidence applicable to judicial proceedings, but its findings must be based upon competent evidence. Each witness at the hearing shall testify under oath. A stenographic record shall be made of the proceedings or an electronic device may be used. In a judicial review, the commission may, upon request, furnish the complainant and respondent each with a copy of the transcript of the hearing without charge.
(1957 Rev. Ords., § 2.1807; 1972 Code, § 13-33; 1992 Code, § 21.5-33) (Ord. 2700, passed 8-17-1970; Ord. 52-73, passed 6-25-1973; Ord. 55-76, passed 6-21-1976; Ord. 22-81, passed 3-16-1980; Ord. 51-91, passed 6-10-1991)
(a) If the commission on human relations determines that allegations of discrimination are not well founded, that the unlawful act or practice complained of has been satisfactorily eliminated and that further proceedings are unnecessary, or the allegations complained of are being processed or have been decided upon, to the satisfaction of the commission by another agency or court, it may order the dismissal of the complaint. It shall within five days of the determination serve notice of the order upon the complainant and respondent by personal service or registered or certified mail.
(b) The public hearing panel may also take and direct the affirmative action as in the judgment of the public hearing panel will effectuate its purposes. The powers of the public hearing panel are coextensive with the powers of the state human rights commission as set forth in SDCL 20-13-42. These powers include awarding compensation incidental to the violation other than pain and suffering, punitive or consequential damages; costs allowed under SDCL ch. 15-17 and any other appropriate relief including reasonable attorney fees for housing matters as in the judgment of the public hearing panel will effectuate the purposes of this chapter.
(c) Further, the public hearing panel may order the respondent to cease and desist from discriminatory or unfair practices and to take the affirmative action including hiring, reinstatement, or upgrading of employees with or without back pay, the referring of applicants for employment by any respondent employment agency, and the remittance or restoration of membership by any respondent labor organization.
(1957 Rev. Ords., § 2.1807; 1972 Code, § 13-34; 1992 Code, § 21.5-34) (Ord. 2700, passed 8-17-1970; Ord. 55-76, passed 6-21-1976; Ord. 51-91, passed 6-10-1991; Ord. 68-00, passed 8-14-2000)
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