Title 8, Chapter 3, Section 211
( 8-3-211)
(a) The administrator shall, within 100 days after the filing of the
complaint, determine based on the facts whether reasonable cause
exists to believe that a discriminatory housing practice has
occurred or is about to occur, unless it is impracticable to do so
or unless the administrator has approved a conciliation agreement
with respect to the complaint. If the administrator is unable to
make the determination within 100 days after the filing of the
complaint, the administrator shall notify the complainant and
respondent in writing of the reasons for not doing so. (b)(1) If the administrator determines that reasonable cause
exists to believe that a discriminatory housing practice has
occurred or is about to occur, the administrator shall, except as
provided in paragraph (3) of this subsection, immediately issue a
charge on behalf of the aggrieved person. (2) The charge shall consist of a short and plain statement of the
facts upon which the administrator has found reasonable cause to
believe that a discriminatory housing practice has occurred or is
about to occur, shall be based on the final investigative report,
and need not be limited to the facts or grounds alleged in the
complaint. (3) If, after investigation, the administrator determines that the
matter involves the legality of any state or local zoning or other
land use law or ordinance, the administrator shall immediately
refer the matter to the Attorney General for appropriate action
instead of issuing such charge. (c) If the administrator determines that no reasonable cause exists
to believe that a discriminatory housing practice has occurred or is
about to occur, the administrator shall promptly dismiss the
complaint. The administrator shall make public disclosure of each
such dismissal. The administrator may not issue a charge under this
Code section regarding an alleged discriminatory housing practice
after the beginning of the trial of a civil action commenced by the
aggrieved party under an act of Congress or a state law, seeking
relief with respect to that discriminatory housing practice. After
the administrator issues a charge under this Code section, the
administrator shall cause a copy thereof to be served on each
respondent named in such charge, together with a notice of
opportunity for a hearing at a time and place specified in the
notice, and on each aggrieved person on whose behalf the complaint
was filed. |