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because of that individual's or group of individuals' actual or perceived race, color, <br /> religion, gender, national origin. age. disability, marital status, familial status. or <br /> veteran status which communicates in a threatening manner words that incite, <br /> imminent lawless action or which tend to incite an immediate breach of the peace. <br /> (b) The Board of Commissioners may, in the Ordinance adopt procedures and <br /> delegate powers to the Orange County Human Relations Commission (hereafter the <br /> Commission') which are necessary and proper for carrying out and enforcing the, <br /> Ordinance. To assist in the enforcement of the Ordinance, the Commission has, but <br /> is not limited to. the following powers: <br /> (1) Receiving and reviewing complaints that allege a violation of the <br /> Ordinance has occurred, is occurring, or is about to occur; <br /> (2) Conducting investigations into the basis of complaints. In this <br /> regard, the Commission may issue subpoenas compelling the <br /> production of documents or compelling witnesses, or both. to, <br /> appear before the Commission to give testimony and to take <br /> depositions and serve interrogatories in accordance with the North <br /> Carolina Rules of Civil Procedure. In the event any person refuses <br /> to comply with a subpoena or discovery request, the Commission <br /> may apply to the Orange County Superior Court (hereafter the <br /> Superior Court') for an order to compel compliance with the <br /> subpoena or discovery request. Information and records <br /> discovered by the Commission during an investigation or <br /> conciliation are not subject to the provisions of G.S. 132-6 and, <br /> G.S. 132-9 until and unless they are offered into evidence in an <br /> administrative hearing conducted by the Office of Administrative <br /> Hearings or offered into evidence in a judicial proceeding <br /> authorized by this section: <br /> 03) Applying_ to the superior court for mandatory and/or prohibitory <br /> injunctive relief pursuant to Rule 65 of the North Carolina Rules <br /> of Civil Procedure if it determines. after a preliminary <br /> investigation. that prompt judicial action is necessary to carry out <br /> the purposes of the Ordinance: <br /> (4) Making a determination of whether or not there is reasonable <br /> cause to . believe that an unlawful discriminatory practice has <br /> occurred. is occurring, or is about to`occur: <br /> Dismissing complaints in such cases as the Commission determines <br /> that reasonable cause does not exist; <br /> (6) Issuing a right-to-sue letter to any complainant in such instances <br /> where the Commission has failed to make a determination on the <br /> issue of reasonable cause in a timely manner: determines that a <br /> reasonable cause does not exist: or where conciliation efforts have <br /> failed: <br /> (7) Attempting to conciliate a resolution of the complaint between the <br /> parties; <br /> Entering into conciliation agreements in such instances where <br /> conciliation efforts have been successful; <br /> (9 Making application, in its discretion, ' to the Office of <br /> Administrative Hearings for the designation of an administrative <br /> law judge to preside over a hearing in cases involving allegedly <br /> unlawful employment practices. public accommodations. or other <br /> conduct made unlawful by subsection (a) of this section after <br /> conciliation efforts have failed: and <br /> Page 10 Senate Bill 809 <br />