548.10 HEARINGS IN CASES OF ALLEGED VIOLATIONS OF SECTION 548.05.
(a) Within thirty (30) days after the complaint is received by the Discrimination Review Committee they shall, upon due and reasonable notice to all parties, hold a hearing on the complaint. Parties to the hearing shall be the complainant and respondent and such other persons as the Human Relations Commission may deem appropriate. The hearing shall be open to the public. At the time it determines to hold such hearing, the Human Relations Commission shall serve upon the respondent a summo`ns requiring the attendance of named persons and the production of relevant documents and records.
(b) At any time prior to the conclusion of the hearing, the parties may request the Human Relations Commission to issue subpoenas for individuals or documents in the Human Relations Commission's name. Failure to comply with a summons or subpoena shall constitute a violation of this chapter. The parties may appear in person or by duly authorized representatives and be represented by legal counsel. The parties shall have the right to present witnesses and to cross-examine witnesses, and all the testimony and evidence shall be given under oath or by affirmation.
(c) If a charge is issued pursuant to Section 548.05 (a)(1), either the complainant or the respondent, in lieu of participating in the administrative hearing process, as outlined in this Section 548.10, may elect to have the case heard in a civil action. Such civil action shall be maintained on behalf of the aggrieved person at the expense of the Human Relations Commission. Such election must be made within twenty (20) days after the receipt of the charge.
(Ord. 03-176. Passed 6-16-03.)