Section 4.04.260 Public hearing.

1. In the event of failure to eliminate illegal discriminatory practice by means of conciliation and persuasion, the human rights commission may hold a public hearing if the executive director determines that the circumstances warrant, in accordance with the following:

a. Hearings shall be conducted by the full commission or the commission may direct the chair of the commission to designate three members of the commission or a disinterested third party to act as a hearing officer to conduct the hearing.

b. Where the chairperson has designated a panel of commissioners to serve as hearing officers at a public hearing, the chair shall designate one member of the panel to act as presiding commissioner. All rulings and determinations shall be made on majority rule.

c. The hearing shall be held not less than ten days after the respondent has been served with a statement of the charges made in the complaint and a notice of the time, place, and nature of the hearing.

f. The case in support of such complaint shall be presented at the hearing by one of the city's attorneys or agents or by an attorney retained pursuant to Section 4.04.180. The investigating official shall not participate in the hearing except as a witness nor participate in the deliberations of the commission in such case.

g. The hearing shall be conducted in accordance with the provisions of Code of Iowa Chapter 17A for contested cases. The burden of proof in such a hearing shall be on the commission.

2. The respondent shall have the right to file an answer to the statement of charges, to appear at the hearing in person, to be represented by an attorney at the respondent's own expense or by any other person, to examine and cross examine witnesses, and to present evidence.

3. Oral proceedings shall be open to the public and shall be recorded either by mechanized means or by certified shorthand reporters. Oral proceedings or any part thereof shall be transcribed at the request of any party at his or her or its expense. The recording or stenographic notes of oral proceedings or the transcription thereof shall be filed with and maintained by the commission for at least five years from the date of decision. Notice of public hearing shall be disseminated among local news media at least five days prior to the date of the hearing.

4. A complaint or any part thereof may be amended by the complainant or by the commission at any time before the final order is entered in the case. However, if an amendment requires proof of additional facts, the commission shall, if circumstances reasonably warrant such action, allow the respondent sufficient time to gather evidence to rebut such facts, which shall include the granting of a continuance or any other relief that may be reasonably appropriate.

5. After a review of the transcript, the evidence, and the briefs, the hearing commissioners or the hearing officer shall issue in writing the findings of fact, conclusions of law and the order, then recommend such to the commission for its adoption, modification or rejection.

6. When the commission presides at the reception of evidence in a public hearing, the decision of the commission is a final decision. When the commission did not preside at the reception of the evidence in a public hearing, the hearing commissioners or the hearing officer shall make a proposed decision.

7. Upon receipt of the hearing commissioner's or hearing officer's proposed decision, the commission shall forward a copy of the proposed decision to each of the parties. The commission shall include a notice of the date, time and place of the meeting at which the commission shall review the proposed decision. The notice shall also advise the parties of their appeal rights. An appeal shall be filed within 20 days after the receipt of notice of the commission's final decision.

8. The commission may adopt, modify or reject the hearing commissioner's or hearing officer's proposed decision or it may remand the case to the hearing commissioners or hearing officer for the taking of such additional evidence and the making of such further recommended findings of fact, conclusions of law, decision and order as the commission deems necessary. Upon completing its review of the hearing commissioner's or hearing officer's proposed decision, the commission shall cause the appropriate order to be issued.

9. The commission shall, within 60 days of the date it receives the proposed decision, review the proposed decision at the commission meeting. The commission shall consider all timely filed appeals, exceptions and briefs at the time it reviews the proposed decision.

10. If the commission fails to issue an order within 60 days from the date the hearing commissioners or the hearing officer issues recommendations, the proposed findings shall become final.

11. If the commission concurs with the hearing commissioners or the hearing officer, it shall issue an order requiring the respondent to cease and desist from the illegal discriminatory practice and to take such affirmative action as the hearing officer or hearing commissioners found appropriate to remedy the illegal discriminatory practice. Such affirmative action may include but is not limited to the following:

b. Admission or restoration of individuals to a labor organization or admission or participation in a guidance program, apprenticeship training program, on-the-job training program or other occupational training or retraining program, with the utilization of objective criteria in the admission of individuals to such programs.

e. Extension to all individuals of the full and equal enjoyment of the advantages, facilities, privileges and services of the respondent denied to the complainant because of the discriminatory or unfair practice.

h. Payment to the complainant of damages for an injury caused by the discriminatory or unfair practice, which damages shall include actual damages suffered by the complainant, court costs and reasonable attorney's fees.

a. In the case of a respondent operating by virtue of a license issued by the state or a political subdivision or agency, if the commission, upon notice to the respondent with an opportunity to be heard, determines that the respondent has engaged in a discriminatory or unfair practice and that the practice was authorized, requested, commanded, performed or knowingly or recklessly tolerated by the board of directors of the respondent or by an officer or executive agent acting within the scope of the officer's or agent's employment, the commission shall so certify to the licensing agency. Unless the commission finding of a discriminatory or unfair practice is reversed in the course of judicial review, the finding of discrimination is binding on the licensing agency. If a certification is made pursuant to this subsection, the licensing agency may initiate licensee disciplinary procedures.

b. In the case of a respondent who is found by the commission to have engaged in a discriminatory or unfair practice in the course of performing under a contract or subcontract with the state or political subdivision or agency, if the practice was authorized, requested, commanded, performed, or knowingly or recklessly tolerated by the board of directors of the respondent or by an officer or executive agent acting within the scope of the officer's or agent's employment, the commission shall so certify to the contracting agency. Unless the commission's finding of a discriminatory or unfair practice is reversed in the course of judicial review, the finding of discrimination is binding on the contracting agency.

c. Upon receiving a certification made under this subsection, a contracting agency may take appropriate action to terminate a contract or portion thereof previously entered into with the respondent, either absolutely or on condition that the respondent carry out a program of compliance with the provisions of this chapter; and assist the state and all political subdivisions and agencies thereof to refrain from entering into further contracts.

13. The commission’ s election to issue an affirmative order under paragraph 12 of this subsection shall not bar the commission from issuing a separate or additional order which addresses the appropriate affirmative remedies provided in paragraph 11 of this subsection.

14. If the commission disagrees with any portion of the order so proposed, it may hold a hearing which shall be limited solely to its points of disagreement, at which hearing the complainant, respondent and the commission staff shall be given an opportunity to be heard and after which it may accept, amend, or reject the questioned action and shall issue its order pursuant to its conclusion at such hearing.

15. If, upon taking into consideration all of the evidence at a hearing, the commission finds that a respondent has not engaged in any such discriminatory or unfair practice, the commission shall issue an order denying relief and stating the findings of fact and conclusions of the commission, and shall cause a copy of the order dismissing the complaint to be served by certified mail on the complainant and the respondent.

17. A claim under this chapter shall not be maintained unless a complaint is filed with the commission within one hundred eighty days after the alleged discriminatory or unfair practice occurred.

18. The commission or a party to a complaint may request mediation of the complaint at any time during the commission's processing of the complaint. If the complainant and respondent participate in mediation, any mediation agreement may be enforced pursuant to this section. Mediation may be discontinued at the request of any party or the commission.