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(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)
The commission on human relations, through the city attorney’s office, shall have power to cause the deposition of witnesses to be taken or other discovery procedure to be conducted upon notice to the interested person and like manner that depositions of witnesses are taken or other discovery procedure is to be conducted in civil actions pending in court in any manner concerning contested cases.
(1957 Rev. Ords., § 2.1807; 1972 Code, § 13-35; 1992 Code, § 21.5-35) (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 a respondent fails to comply with a conciliation agreement or fails to obey an order issued by the public hearing panel, the commission on human relations may request the city attorney to prosecute the respondent in a court of competent jurisdiction for violation of the terms of this chapter. The failure of a person to obey a subpoena issued pursuant to this chapter may be punished as a contempt of court. The commission shall render to the city attorney that assistance as requested in connection with any prosecution.
(b) The commission or a party may obtain an order of the court for the enforcement of the provisions of this chapter. The court may allow the prevailing party reasonable attorney’s fees and costs against the respondent. The court may also assess a civil penalty against the respondent in an amount not to exceed $10,000 for willful or repeated violations or refusal to comply with the order of the commission.
(1957 Rev. Ords., § 2.1807; 1972 Code, § 13-36; 1992 Code, § 21.5-36) (Ord. 2700, passed 8-17-1970; Ord. 55-76, passed 6-21-1976; Ord. 51-91, passed 6-10-1991)
Nothing contained in this subchapter shall be construed to limit the right of the complainant to make and file a complaint, nor to preclude, abridge or restrict the right of appeal or the right of anyone concerned or affected to a review of the facts and issues in the courts of competent jurisdiction on the evidence and merits in any matter involved.
(1957 Rev. Ords., § 2.1807; 1972 Code, § 13-37; 1992 Code, § 21.5-37) (Ord. 2700, passed 8-17-1970)
The commission on human relations, as permitted by law, is authorized to apply any portion of this chapter which it may deem applicable to deal with discriminatory actions and practices against individuals or groups disadvantaged by reason of physical, mental or social handicap and not otherwise within the purview of this chapter.
(1957 Rev. Ords., § 2.1807; 1972 Code, § 13-38; 1992 Code, § 21.5-38) (Ord. 2700, passed 8-17-1970; Ord. 22-81, passed 3-16-1980)
DISABILITY AWARENESS AND ACCESSIBILITY REVIEW BOARD
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