57-21-9 - Procedure for an aggrieved person to file a complaint -- Conciliation -- Investigation -- Determination.
57-21-9. Procedure for an aggrieved person to file a complaint -- Conciliation --Investigation -- Determination.
(1) Any aggrieved person may file a written verified complaint with the division within180 days after an alleged discriminatory housing practice occurs.
(2) (a) The commission shall adopt rules consistent with the provisions of 24 C.F.R. Sec.115.3 (1990), relating to procedures under related federal law, to govern:
(i) the form of the complaint;
(ii) the form of any answer to the complaint;
(iii) procedures for filing or amending a complaint or answer; and
(iv) the form of notice to parties accused of the acts or omissions giving rise to thecomplaint.
(b) The commission may, by rule, prescribe any other procedure pertaining to thedivision's processing of the complaint.
(3) During the period beginning with the filing of the complaint and ending with thedirector's determination, the division shall, to the extent feasible, engage in conciliation withrespect to the complaint.
(4) The division shall commence proceedings to investigate and conciliate a complaintalleging a discriminatory housing practice within 30 days after the filing of the complaint. Afterthe commencement of an investigation, any party may request that the commission review theproceedings to insure compliance with the requirements of this chapter.
(5) The division shall complete the investigation within 100 days after the filing of thecomplaint, unless it is impracticable to do so. If the division is unable to complete theinvestigation within 100 days after the filing of the complaint, the division shall notify thecomplainant and respondent in writing of the reasons for the delay.
(6) (a) If, as a result of the division's investigation, the director determines that there is noreasonable cause to support the allegations in the complaint, the director shall issue a writtendetermination dismissing the complaint.
(b) If the director dismisses the complaint pursuant to Subsection (6)(a), the complainantmay request that the director reconsider the dismissal pursuant to Section 63G-4-302.
(c) Notwithstanding the provisions of Title 63G, Chapter 4, Administrative ProceduresAct, the director's determination to dismiss a complaint or, in the case of a request forreconsideration, the director's order denying reconsideration is not subject to further agencyaction or direct judicial review. However, the complainant may commence a private actionpursuant to Section 57-21-12.
(7) If, as a result of the division's investigation of a complaint, the director determinesthat there is reasonable cause to support the allegations in the complaint, all of the followingapply:
(a) The division shall informally endeavor to eliminate or correct the discriminatoryhousing practice through a conciliation conference between the parties, presided over by thedivision. Nothing said or done in the course of the conciliation conference may be made publicor admitted as evidence in a subsequent proceeding under this chapter without the writtenconsent of the parties concerned.
(b) If the conciliation conference results in voluntary compliance with this chapter, aconciliation agreement setting forth the resolution of the issues shall be executed by the partiesand approved by the division. The parties may enforce the conciliation agreement in an action
filed in a court of competent jurisdiction.
(c) If the division is unable to obtain a conciliation agreement, the director shall issue awritten determination stating the director's findings and ordering any appropriate relief underSection 57-21-11.
Amended by Chapter 382, 2008 General Session