§ 4-3. Hearings.

(a) Certification to Chair.

In case of failure to reach an agreement for the elimination of such unlawful practice, and upon the entry of findings to that effect, the entire file, including the complaint and any and all findings made, shall be certified to the Chairman of the Commission.

(b) Designation of hearing examiner; notice to respondent.

A hearing examiner who shall not be a member of the Commission shall be designated to hear the complaint and shall cause to be issued and served in the name of the Commission a written notice, together with a copy of the complaint, as the same may have been amended, and a copy of the findings of fact, requiring the respondent to answer the charges of the complaint at a public hearing before the hearing examiner, at a time and place to be specified in the notice.

The respondent may file a written answer to the complaint and appear at the hearing in person or otherwise, with or without counsel, and submit testimony and be fully heard and otherwise examine and cross-examine witnesses.

(d) Amendments; testimony.

(1) The hearing examiner conducting any hearing may permit reasonable amendment to any complaint or answer.

(2) Testimony at the hearing shall be under oath and recorded.

(e) Decision and order.

(1) After hearing all the evidence, the hearing examiner shall recommend a decision and an order to be approved by the Commission.

(2) The Commission shall issue and cause to be served on such respondent an order requiring such respondent to:

(i) cease and desist from such unlawful practice; and

(ii) take such affirmative action including (but not limited to) hiring, reinstatement, or upgrading of employees with or without back pay, the sale or rental of the dwelling sought by the complainant, or a similar dwelling, restoration to membership in any respondent labor organization, admission to or participation in a guidance program, apprenticeship training program, on-the-job training program or other occupational training or retraining program, where such programs are an established part of an employer's labor policy, the extension of fair and equal advantages, facilities and privileges to all persons as required by the provisions of this article, awarding of compensatory damages to the person aggrieved by such practice, as, in the judgment of the Commission, will effectuate the purposes of this article.

(3) Compensatory damages may include compensation for humiliation, embarrassment, and emotional distress, for expenses incurred in obtaining alternate housing accommodations, and for other expenses incurred by an aggrieved person as a direct result of any unlawful discriminatory practice.

(4) For a violation of any provision of § 3-5, the Commission may also impose a civil penalty of not more than $1,000, and each day that a violation continues constitutes a separate offense, with maximum amounts assessable as follows:

(i) in an amount not exceeding $10,000, if the respondent has not been adjudged to have committed any prior discriminatory housing practice;

(ii) in an amount not exceeding $25,000, if the respondent has been adjudged to have committed 1 other discriminatory housing practice during the 5-year period ending on the date of the filing of this complaint; and

(iii) in an amount not exceeding $50,000, if the respondent has been adjudged to have committed 2 or more discriminatory housing practices during the 7-year period ending on the date of the filing of this complaint;

except that if the acts constituting the discriminatory housing practice that is the object of the complaint are committed by the same natural person who has been previously adjudged to have committed acts constituting a discriminatory housing practice, then the civil penalties set forth in subparagraphs (ii) and (iii) may be imposed without regard to the period of time within which any subsequent discriminatory housing practice occurred.

(f) Standard of proof for monetary awards.

(1) Any award made for damages compensable under this article shall be made only upon reasonable and competent evidence that the damages resulted from the respondent's unlawful discriminatory act or practice.

(2) Any award made for expenses compensable under this article shall be made only upon the production of documentary evidence of such expenses, including but not limited to bills, receipts, canceled checks, and invoices. An award for any other compensable damages may be made on reasonable and credible testimony and evidence.

(g) Rules and regulations.

Subject to Title 4 {"Administrative Procedure Act – Regulations"} of the City General Provisions Article, the Commission may adopt administrative and procedural rules and regulations governing hearings before the hearing examiners.