CHAPTER 6. ADMINISTRATIVE ENFORCEMENT
IC 22-9.5-6
Chapter 6. Administrative Enforcement
IC 22-9.5-6-1
Investigation of alleged discriminatory practices; complaints;requirements; time limitations; procedures
Sec. 1. (a) The commission shall investigate allegeddiscriminatory housing practices.
(b) A complaint concerning an alleged discriminatory housingpractice must be:
(1) in writing;
(2) under oath; and
(3) in the form prescribed by the commission.
(c) An aggrieved person may, not later than one (1) year after analleged discriminatory housing practice has occurred or terminated,whichever is later, file a complaint with the commission alleging thediscriminatory housing practice.
(d) Not later than one (1) year after an alleged discriminatoryhousing practice has occurred or terminated, whichever is later, thecommission may file the commission's own complaint.
(e) A complaint under this section may be amended at any time.
(f) When a complaint is filed under this section, the commissionshall do the following:
(1) Give the aggrieved person notice that the complaint hasbeen received.
(2) Advise the aggrieved person of the time limits and choice offorums under this article.
(3) Not later than twenty (20) days after the filing of thecomplaint or the identification of an additional respondentunder section 4 of this chapter, serve on each respondent:
(A) a notice identifying the alleged discriminatory housingpractice and advising the respondent of the procedural rightsand obligations of a respondent under this article; and
(B) a copy of the original complaint.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-6-2
Answer; time limitation; requirements
Sec. 2. (a) Not later than ten (10) days after receipt of the noticeand copy under section 1(f)(3) of this chapter, a respondent may filean answer to the complaint.
(b) An answer must be:
(1) in writing;
(2) under oath; and
(3) in the form prescribed by the commission.
(c) An answer may be amended at any time.
(d) An answer does not inhibit the investigation of a complaint.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-6-3 Complaints referred and subject matter jurisdiction deferred byfederal government; investigation by commission; time limitations
Sec. 3. (a) If the federal government has referred a complaint tothe commission or has deferred jurisdiction over the subject matterof the complaint to the commission, the commission shall promptlyinvestigate the allegations set forth in the complaint.
(b) The commission shall investigate all complaints, and exceptas provided by subsection (c), shall complete an investigation notlater than one hundred (100) days after the date the complaint isfiled, or if the commission is unable to complete the investigationwithin the one hundred (100) day period, shall dispose of alladministrative proceedings related to the investigation not later thanone (1) year after the date the complaint is filed.
(c) If the commission is unable to complete an investigationwithin the time periods prescribed by subsection (b), the commissionshall notify the complainant and the respondent in writing of thereasons for the delay.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-6-4
Respondents joined by commission; notice; information required
Sec. 4. (a) The commission may join a person not named in thecomplaint as an additional or substitute respondent if in the courseof the investigation the commission determines that the personshould be accused of a discriminatory housing practice.
(b) In addition to the information required in the notice undersection 1(f)(3) of this chapter, the commission shall include in anotice to a respondent joined under this section an explanation of thebasis for the determination that the person is properly joined as arespondent.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-6-5
Conciliation; provisions of agreement; disclosure; use ofinformation as evidence; parties' access to information
Sec. 5. (a) The commission shall, during the period beginningwith the filing of a complaint and ending with the filing of a chargeor a dismissal by the commission, to the extent feasible, engage inconciliation with respect to the complaint.
(b) A conciliation agreement is an agreement between arespondent and the complainant and is subject to commissionapproval.
(c) A conciliation agreement may provide for binding arbitrationor other methods of dispute resolution. Dispute resolution that resultsfrom a conciliation agreement may authorize appropriate relief,including monetary relief.
(d) A conciliation agreement shall be made public unless thecomplainant and respondent agree otherwise and the commissiondetermines that disclosure is not necessary to further the purposes ofthis article. (e) Nothing said or done in the course of conciliation may bemade public or used as evidence in a subsequent proceeding underthis article without the written consent of the persons concerned.
(f) After completion of the commission's investigation, thecommission shall make available to the aggrieved person and therespondent, at any time, information derived from the investigationand the final investigation report relating to that investigation.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-6-6
Civil action filed by commission; injunction; effect onadministrative proceedings
Sec. 6. (a) If the commission concludes at any time following thefiling of a complaint that prompt judicial action is necessary to carryout the purposes of this article, the commission may file a civil actionfor appropriate temporary or preliminary relief pending finaldisposition of the complaint in a circuit or superior court that islocated in the county in which the alleged discriminatory housingpractice occurred.
(b) A temporary restraining order or other order grantingpreliminary or temporary relief under this section is governed by theIndiana Rules of Trial Procedure.
(c) The filing of a civil action under this section does not affectthe initiation or continuation of administrative proceedings undersection 14 of this chapter.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-6-7
Final investigative report; contents; amendments
Sec. 7. (a) The commission shall prepare a final investigativereport showing the following:
(1) The names and dates of contacts with witnesses.
(2) A summary of correspondence and other contacts with theaggrieved person and the respondent showing the dates of thecorrespondence and contacts.
(3) A summary description of other pertinent records.
(4) A summary of witness statements.
(5) Answers to interrogatories.
(b) A final report under this section may be amended if additionalevidence is discovered.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-6-8
Reasonable cause; determination; time limitation; delaynotification; issuance of finding
Sec. 8. (a) The commission shall determine based on the factswhether reasonable cause exists to believe that a discriminatoryhousing practice has occurred or is about to occur.
(b) The commission shall make the determination undersubsection (a) not later than one hundred (100) days after the date a
complaint is filed unless:
(1) it is impracticable to make the determination; or
(2) the commission has approved a conciliation agreementrelating to the complaint.
(c) If it is impracticable to make the determination within the timeperiod provided by subsection (b), the commission shall notify thecomplainant and respondent in writing of the reasons for the delay.
(d) If the commission determines that reasonable cause exists tobelieve that a discriminatory housing practice has occurred or isabout to occur, the commission shall immediately issue a finding ofreasonable cause on behalf of the aggrieved person.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-6-9
Finding of reasonable cause; requirements; copies of finding sentto parties; time limitation
Sec. 9. (a) A finding of reasonable cause issued under section 8of this chapter:
(1) must consist of a short and plain statement of the facts onwhich the commission has found reasonable cause to believethat a discriminatory housing practice has occurred or is aboutto occur;
(2) must be based on the final investigative report; and
(3) need not be limited to the facts or grounds alleged in thecomplaint.
(b) Not later than twenty (20) days after the commission issues afinding of reasonable cause, the commission shall send a copy of thefinding of reasonable cause with information concerning the electionunder section 12 of this chapter to the following:
(1) Each respondent, together with a notice of the opportunityfor a hearing provided by section 14 of this chapter.
(2) Each aggrieved person on whose behalf the complaint wasfiled.
As added by P.L.66-1990, SEC.2. Amended by P.L.1-1991, SEC.153.
IC 22-9.5-6-10
Dismissal of complaint; public disclosure
Sec. 10. (a) If the commission determines that no reasonable causeexists to believe that a discriminatory housing practice has occurredor is about to occur, the commission shall promptly dismiss thecomplaint.
(b) The commission shall make public disclosure of eachdismissal under this section.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-6-11
Civil action commenced by aggrieved party; issuance of finding ofreasonable cause restricted
Sec. 11. The commission may not issue a finding of reasonablecause under this chapter regarding an alleged discriminatory housing
practice after the beginning of the trial of a civil action commencedby the aggrieved party under federal or state law seeking relief withrespect to that discriminatory housing practice.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-6-12
Election to have claims decided in civil action; time limitation;notice
Sec. 12. (a) A complainant, a respondent, or an aggrieved personon whose behalf the complaint was filed may elect to have the claimsasserted in a finding of reasonable cause decided in a civil action asprovided by section 13 of this chapter.
(b) The election must be made not later than twenty (20) daysafter the date of receipt by the electing person of service undersection (9)(b) of this chapter or, in the case of the commission, notlater than twenty (20) days after the date the finding of reasonablecause was issued.
(c) The person making the election shall give notice to thecommission and to all other complainants and respondents to whomthe finding of reasonable cause relates.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-6-13
Timely election; filing of civil action by commission; timelimitation; intervention in action by aggrieved person; relief
Sec. 13. (a) If a timely election is made under section 13 of thischapter, the commission shall, not later than thirty (30) days after theelection is made, file a civil action on behalf of the aggrieved personseeking relief under this section in a circuit or superior court that islocated in the county in which the alleged discriminatory housingpractice occurred.
(b) An aggrieved person may intervene in the action.
(c) If the court finds that a discriminatory housing practice hasoccurred or is about to occur, the court may grant as relief any reliefthat a court may grant in a civil action under IC 22-9.5-7.
(d) If monetary relief is sought for the benefit of an aggrievedperson who does not intervene in the civil action, the court may notaward the monetary relief if that aggrieved person has not compliedwith discovery orders entered by the court.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-6-14
Hearings; procedure; discontinuance
Sec. 14. (a) If a timely election is not made under section 12 ofthis chapter, the commission shall provide for a hearing on thefinding of reasonable cause.
(b) Except as provided by subsection (c), IC 4-21.5 governs ahearing under this section.
(c) A hearing under this section may not continue regarding anyalleged discriminatory housing practice after the beginning of the
trial of a civil action commenced by the aggrieved person underfederal or state law seeking relief with respect to that discriminatoryhousing practice.
(d) IC 22-9.5-11 governs an appeal of a final order issued underthis article.
As added by P.L.66-1990, SEC.2. Amended by P.L.14-1994, SEC.8.
IC 22-9.5-6-15
Determination at hearing that respondent has or is about to engagein discriminatory practice; relief; civil penalties; previous violation
Sec. 15. (a) If the commission determines at a hearing undersection 14 of this chapter that a respondent has engaged in or is aboutto engage in a discriminatory housing practice, the commission mayorder the appropriate relief, including actual damages, reasonableattorney's fees, court costs, and other injunctive or equitable relief.
(b) To vindicate the public interest, the commission may assess acivil penalty against the respondent in an amount that does notexceed the following:
(1) Ten thousand dollars ($10,000) if the respondent has notbeen adjudged by order of the commission or a court to havecommitted a prior discriminatory housing practice.
(2) Except as provided by subsection (c), twenty-five thousanddollars ($25,000) if the respondent has been adjudged by orderof the commission or a court to have committed one (1) otherdiscriminatory housing practice during the five (5) year periodending on the date of the filing of the finding of reasonablecause.
(3) Except as provided by subsection (c), fifty thousand dollars($50,000) if the respondent has been adjudged by order of thecommission or a court to have committed two (2) or morediscriminatory housing practices during the seven (7) yearperiod ending on the date of the filing of the finding ofreasonable cause.
(c) If the acts constituting the discriminatory housing practice thatis the object of the finding of reasonable cause are committed by thesame individual who has been previously adjudged to havecommitted acts constituting a discriminatory housing practice, thecivil penalties in subsection (b)(2) and (b)(3) may be imposedwithout regard to the period of time within which any otherdiscriminatory housing practice occurred.
(d) The commission may sue to recover a civil penalty due underthis section.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-6-16
Effect of order on prior transactions
Sec. 16. A commission order under section 15 of this chapter doesnot affect a contract, a sale, an encumbrance, or a lease that:
(1) was consummated before the commission issued the order;and (2) involved a bona fide purchaser, an encumbrancer, or atenant who did not have actual notice of the finding ofreasonable cause filed under this article.
As added by P.L.66-1990, SEC.2. Amended by P.L.1-1991, SEC.154.
IC 22-9.5-6-17
Discriminatory practice in course of business subject to licensingor regulation by governmental agency; copies of findings and orderto agency; recommendation of discipline
Sec. 17. If the commission issues an order with respect to adiscriminatory housing practice that occurred in the course of abusiness subject to licensing or regulation by a governmental agency,the commission shall, not later than thirty (30) days after the date ofthe issuance of the order:
(1) send copies of the findings and the order to thegovernmental agency; and
(2) recommend to the governmental agency appropriatedisciplinary action.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-6-18
Previous violation by respondent in preceding five years; copy oforders to attorney general
Sec. 18. If the commission issues an order against a respondentagainst whom another order was issued within the preceding five (5)years under section 15 of this chapter, the commission shall send acopy of each order issued under that section to the attorney general.
As added by P.L.66-1990, SEC.2.