§368-14  Commission hearings.  (a)  If,fifteen days after service of the final conciliation demand, the commissionfinds that conciliation will not resolve the complaint, the commission shallappoint a hearings examiner and schedule a contested case hearing that shall beheld in accordance with chapter 91.  The case in support of the complaint shallbe presented at the hearing by counsel provided by the commission.  Followingthe completion of the contested case hearing, the hearings examiner shall issuea proposed decision containing a statement of reasons including a determinationof each issue of fact or law necessary to the proposed decision which shall beserved upon the parties.  Any party adversely affected by the proposed decisionmay file exceptions and present argument to the commission which shall considerthe whole record or such portions thereof as may be cited by the parties.  Ifthe commission finds that unlawful discrimination has occurred, the commissionshall issue a decision and order in accordance with chapter 91 requiring therespondent to cease the unlawful practice and to take appropriate remedialaction.  If there is no finding of discrimination, the commission shall issuean order dismissing the case.

(b)  At any time after a complaint is filed,the commission may file a petition in the circuit court in the circuit in whichthe subject of the complaint occurred, or in the circuit in which a respondentresides or transacts business, seeking appropriate temporary relief against therespondent, pending final determination of proceedings under this chapter,including an order or decree restraining the respondent from doing or procuringany act tending to render ineffectual any order the commission may enter withrespect to the complaint.  The court may grant the temporary relief orrestraining order as it deems just and proper, but no relief or order extendingbeyond five days shall be granted except by consent of the respondent or afterhearing upon notice to the respondent and a finding by the court that there isreasonable cause to believe that the respondent has engaged in a discriminatorypractice.

If a complaint is dismissed by final order ofthe commission or a court after a court has granted temporary relief or arestraining order under this subsection, the respondent is entitled to recoverfrom the State damages and costs, not to exceed a total of $500, sustained byreason of the temporary relief or restraining order in an action in the courtthat granted the temporary relief or restraining order. [L 1989, c 386, pt of§1; am L 1991, c 252, §5]