Agenda - 09-14-1993 - No Item Number

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n (10) Making application to the Office of Administrative Hearings for the designation of an administrative law judge to preside over a DI hearing in cases involving allegedly unlawful housing practices. (c) The Ordinance may provide that in any case that is referred to the Office of Administrative Hearings. the administrative law judge shall make written findings of fact and conclusions of law, and shall issue a recommended decision to the Commission, which decision shall become final and binding unless the Commission acts within 30 days of the date of the recommended decision to modify or reverse it. The Ordinance may also provide, in cases where the Commission has determined that reasonable cause exists to believe that a discriminatory housing -practice has occurred, is occurring, or is about to occurs that the complainant or the respondent may elect to have the issues decided in a civil action in lieu of an administrative hearing, (d) The administrative law judge may recommend the imposition of mandatory and prohibitory injunctive relief, compensatory damages (which, as provided by the 1991 Civil Rights Act, includes emotional pain, humiliation, embarrassment, and inconvenience), punitive damages, and any other relief the administrative law judge deems appropriate: provided that: .(1) Punitive damages may be recommended only if the administrative law judge finds that the respondent engaged in a practice made unlawful under the ordinance with malice or with- reckless indifference to the protected rights of the complainant: and (2) In cases involving unlawful employment practices, the administrative law judge may recommend reinstatement. hiring. and/or back pay. In all cases- wherein the Commission applies to the Office of Administrative Hearings for the designation of an administrative law judge, the Commission shall he the complainant and the case in support of the Commission shall be presented by the Commission's attorney. The administrative law judge may. in his or her discretion. recommend that the • respondent he awarded reasonable costs and attorneys' fees in the event the respondent prevails. (el Judicial review of any final agency decision shall he in accordance with Article 4 of Chapter 150B of the General Statutes (the Administrative Procedure Act). All petitions for judicial review, however. shall be filed in the Superior Court of Orange County. The term 'Agencv'. whenever used in Article 4 of Chapter 150B of the General Statutes. shall mean the Commission. (f) The Ordinance max provide that complainants who receive a right-to-sue letter from the Commission may file an action in superior court against the respondent. In such actions the superior court shall he authorized to impose mandatory and prohibitory injunctive relief. compensatory damages, and punitive damages. and any other appropriate relief to the same extent and subject to the same limitations as applies to any recommended decision made by an administrative law-judge. • In any action brought in the superior court pursuant to the Ordinance, the court may allow the prevailing party reasonable costs and attorneys' fees from the other party or parties. Attorneys' fees, however. may not be awarded to the Commission. and a prevailing respondent may be awarded court costs and reasonable attorneys' fees only upon a showing that the case is frivolous. unreasonable. or without, foundation. {; (g) An The ordinance _: : -_ :. applies to any part of Orange County not within a municipally incorporated city, town, or village. The governing board of a city, town, or village within Orange County may, by resolution. -permit an Orange County ordinance adopted pursuant to this section to be applicable Senate Bill 809 Page 11