(a) Filing Complaint. Any person subjected to an unlawful discriminatory practice may file, within 360 days of the alleged violation, with the Human Rights Board, a complaint in writing, sworn to or affirmed, which shall state the name and address of the person aggrieved; the name and address of the person against whom the complaint is filed; a description and the address of the dwelling which is involved in the alleged discriminatory housing practice or employment practice; a concise statement of the facts, including pertinent dates, constituting the alleged discriminatory housing or employment practice; and other information as may be required by the Board. The complaint may be reasonably and fairly amended. The Board may also corroborate or initiate complaints on the basis of studies carried out by its staff or volunteers authorized by the Board.
(b) Investigation; Conciliation Conferences.
(1) Upon the filing of a complaint, the Secretary of the Board shall make investigations as he or she deems appropriate to ascertain facts and issues. The investigation shall be conducted within fourteen business days after the filing of the complaint. The investigation may be extended when deemed necessary by the Chairperson of the Board.
(2) If the Secretary shall determine that there are reasonable grounds to believe a violation has occurred, he or she shall attempt to conciliate the matter by methods of initial conference and persuasion with all interested parties and such representatives as the parties may choose to assist them. Conciliation conferences shall be informal and nothing said or done during the initial conferences shall be made public by any member of the board or its staff unless the parties agree thereto in writing.
(c) Consent Agreement. The terms of conciliation agreed to by the parties shall be reduced to writing and incorporated into a consent agreement to be signed by the parties, which agreement is for conciliation purposes and does not constitute an admission by any parties that the law has been violated. The consent agreement shall be signed on behalf of the Board by its Chairperson.
(d) Cooperation From Other Groups. The Board is authorized to seek the cooperation and aid of the Ohio Real Estate Commission, the Ohio Civil Rights Commission, the U.S. Department of Housing and Urban Development, and any other person or group regarding any matters before the Board.
(e) Dismissal or Further Investigation. If the Secretary determines that the complaint lacks reasonable grounds upon which to base a violation of this chapter, he or she shall so inform the Board and the Board may, in its discretion, dismiss the complaint or order such further investigation as may be necessary, provided, however, that the Board shall not dismiss the complaint without first affording either party an opportunity to appear before the Board.
(f) Hearing. If the Secretary, with respect to a matter which involves a violation of this chapter, fails to conciliate a complaint after the parties have in good faith attempted the conciliation, fails to effect an informal conciliation agreement or an informal consent agreement, or determines that a complaint is not susceptible of conciliation, he or she shall notify the Board and the Board shall thereafter schedule a public hearing to determine whether a violation of this chapter has been committed.
(1) The Board shall serve upon the respondent a written statement of charges and a summons and shall serve upon all interested parties a notice of the time and place of the hearing. The respondent or his or her authorized counsel may file and amend such statements with the Board prior to the hearing date as he or she deems necessary in support of his or her position. The hearing shall be open to the public. The hearing shall be held not less than fifteen calendar days nor more than thirty calendar days after service of the statement of charges and summons. The summons so issued must be signed by two members of the Board, and the issuance of such summons shall require the attendance of named persons and the production of relevant documents and records. The failure to comply with a summons shall constitute a violation of this chapter.
(2) The interested parties may, at their option, appear before the Board in person or by a duly authorized representative and may have the assistance of an attorney. The parties may present testimony in evidence, and the right to cross-examine witnesses shall be preserved. All testimony in evidence shall be given under oath or by affirmation. The Secretary shall keep a full record of the hearing, which record shall be public and open to inspection by any person. Upon request by any principal party to the proceeding, the Board shall furnish the party a copy of the hearing record, at such cost as the Board deems appropriate.
(g) Action Against Violation. If, at the conclusion of the hearing, the Board shall determine, upon a preponderance of the evidence, that the person complained against has violated this chapter, the Board shall, after consultation with the Director of Law, in executive session, state its findings to and call the Director of Law to prepare and issue an order under Board directive requiring the person complained against to cease and desist from the unlawful conduct and to take affirmative action as will effectuate the purpose of this chapter, with notice that if the Board, upon investigation by the Secretary, determines that the person complained against has not, after fifteen calendar days following service of the Board's order, complied with the order, the Board will recertify the matter to the Director of Law for enforcement. The Director of Law shall seek compliance by appropriate civil action brought in the name of the Board before a court of competent jurisdiction.
(h) Dismissal of Complaint. If, at the conclusion of the hearing, the Board shall determine, upon a preponderance of the evidence of the record, that the person complained against has not violated this chapter, the Board shall so state and publish its findings and issue its order dismissing the complaint.
(Ord. 85-38. Passed 8-7-85.)