§368-14  Commission hearings.  (a)  If,
fifteen days after service of the final conciliation demand, the commission
finds that conciliation will not resolve the complaint, the commission shall
appoint a hearings examiner and schedule a contested case hearing that shall be
held in accordance with chapter 91.  The case in support of the complaint shall
be presented at the hearing by counsel provided by the commission.  Following
the completion of the contested case hearing, the hearings examiner shall issue
a proposed decision containing a statement of reasons including a determination
of each issue of fact or law necessary to the proposed decision which shall be
served upon the parties.  Any party adversely affected by the proposed decision
may file exceptions and present argument to the commission which shall consider
the whole record or such portions thereof as may be cited by the parties.  If
the commission finds that unlawful discrimination has occurred, the commission
shall issue a decision and order in accordance with chapter 91 requiring the
respondent to cease the unlawful practice and to take appropriate remedial
action.  If there is no finding of discrimination, the commission shall issue
an 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 which
the subject of the complaint occurred, or in the circuit in which a respondent
resides or transacts business, seeking appropriate temporary relief against the
respondent, pending final determination of proceedings under this chapter,
including an order or decree restraining the respondent from doing or procuring
any act tending to render ineffectual any order the commission may enter with
respect to the complaint.  The court may grant the temporary relief or
restraining order as it deems just and proper, but no relief or order extending
beyond five days shall be granted except by consent of the respondent or after
hearing upon notice to the respondent and a finding by the court that there is
reasonable cause to believe that the respondent has engaged in a discriminatory
practice.



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