2015-07 AMENDING CITY CODE - CHAPTER 28 - UNLAWFUL DISCRIMINATION

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C. The testimony taken at the hearing is subject to the same rules of evidence that apply to courts in this State in civil cases. SECTION 5-8. A. If the hearing provided for hereby is conducted by a hearing officer, said hearing officer shall submit a recommended decision and order to the Commission upon the completion of said hearing, in a form substantially in compliance with Section 5-9 hereof. A copy of said recommended decision and order shall be served on each of the parties. B. Within ten (10) days of the receipt of service of a hearing officer's recommended decision and order, a party may file with the Commission any written exceptions to any part of the decision and order. Exceptions shall be supported by argument and served on all parties at the time they are filed. SECTION 5-9. At the conclusion of any hearing, or upon receipt of a recommended order from a hearing officer, the Commission shall render a decision as to whether or not the respondent has committed a human rights violation or has otherwise violated the provisions of this chapter. If it is determined that a respondent has not committed a human rights violation, the Commission shall issue, and cause to be served on the respondent and the complainant, an order dismissing the case. If it is determined that a respondent has committed a human rights violation, the Commission shall issue, and cause to be served on such respondent, an order, accompanied by findings of fact and conclusions of law, providing for any relief or penalty listed in this Article as, in the judgment of the Commission, will carry out the purposes of this Chapter. SECTION 5-10. In dismissing a case pursuant to Section 5-9, or in approving a dismissal of a charge pursuant to Section 5-5, the Commission may award the payment to respondent by complainant of respondent's reasonable attorney's fees as well as award payment to the City of Decatur or the Commission by the complainant the costs of maintaining and conducting the public hearing including,but not limited to the costs and fees of the hearing officer and court reporter if the Commission finds that the charge or complaint was frivolous, unreasonable or groundless or that the complainant continued to litigate after it became clearly so. (Amended, Ordinance No. 2009-77, October 19b 2009)