Title 8, Chapter 3, Section 214
( 8-3-214)
(a) If the board of commissioners determines that the respondent has
not engaged in a discriminatory housing practice, the board of
commissioners shall state the board of commissioners' findings of
fact and conclusions of law and shall issue a final order within 30
days after the hearing unless, for good cause shown, such time is
extended by the board of commissioners, dismissing the complaint. (b) If the board of commissioners determines that the respondent has
engaged in a discriminatory housing practice, the board of
commissioners shall state the board of commissioners' findings of
fact and conclusions of law and shall issue a final order within 30
days after the hearing unless, for good cause shown, such time is
extended by the board of commissioners, granting such relief as may
be appropriate, which may include actual compensatory damages
suffered by the aggrieved person and injunctive or other equitable
relief and reasonable attorney's fees and costs. A prevailing
respondent may be awarded reasonable attorney's fees and costs only
upon a showing that the proceeding is frivolous, unreasonable, or
without foundation. Attorney's fees may be awarded against a
complainant or an aggrieved party if such party joined in the
proceeding on its own as an intervening party. (c) No order of the board of commissioners shall affect any
contract, sale, encumbrance, or lease consummated before the
issuance of such order and involving a bona fide purchaser,
encumbrancer, or tenant without actual notice of the charge filed
under this article. In the case of an order with respect to a
discriminatory housing practice that occurred in the course of a
business subject to licensing or regulation by a governmental
agency, the administrator shall, not later than 30 days after the
date of the issuance of such order, or, if such order is judicially
reviewed, 30 days after such order is in substance affirmed upon
review, send copies of the findings of fact, conclusions of law, and
the order to that governmental agency and recommend to that
governmental agency appropriate disciplinary action. In the case of
an order against a respondent against whom another order was issued
within the preceding five years under this Code section, the
administrator shall send a copy of each such order to the Attorney
General. (d) If the board of commissioners finds that the respondent has not
engaged or is not about to engage in a discriminatory housing
practice, as the case may be, the board of commissioners shall enter
an order dismissing the charge. The administrator shall make public
disclosure of each such dismissal. |