(1) In case of failure to reach an agreement for the elimination of such unlawful discrimination, and upon the entry of findings to that effect, the office of human rights shall refer the matter to the hearing examiner for hearing and disposition pursuant to chapter 2.02 SCC. The office shall cause to be issued and served a written notice, together with a copy of the complaint, as the same may have been amended, requiring the respondent to answer the charges of the complaint in such form as the hearing examiner may prescribe by rule.

(2) The place of any such hearing shall be determined by the hearing examiner. The case in support of the complaint shall be presented at the hearing by the office of human rights, which may be represented by the prosecuting attorney: PROVIDED, That the complainant may retain independent counsel and submit testimony and be fully heard. No member or employee of the office who previously made the investigation or caused the notice to be issued shall participate in the deliberations of the hearing examiner. Any endeavors or negotiations for conciliation shall not be received in evidence.

(3) The respondent shall 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. The respondent shall have the right to cross-examine the complainant.

(4) The hearing examiner may permit reasonable amendment to any complaint or answer. The hearing examiner may issue subpoenas and may enter protective orders as provided by rule. Testimony taken at the hearing shall be under oath and recorded.

(5) If, upon all the evidence, the hearing examiner finds that the respondent has engaged in unlawful discrimination within the meaning of this chapter, the examiner shall state findings of fact and shall issue and file with the office of human rights and cause to be served on such respondent an order requiring such respondent to cease and desist from such unlawful discrimination and to take such affirmative action, including, but not limited to, hiring, reinstatement or upgrading of employees, with or without back pay, an admission or restoration to full membership rights in any respondent organization, or to take such other action as, in the judgment of the examiner, will effectuate the purposes of this chapter, including action that could be ordered by a court, except that damages for humiliation and mental suffering shall not exceed $20,000, and including a requirement for report of the matter on compliance. Relief available for violations of SCC 2.460.130-2.460.140 shall be limited to the relief specified in SCC 2.460.150.

(6) The final order of the hearing examiner shall include a notice to the parties of the right to obtain judicial review of the order by appeal in accordance with the provisions of SCC 2.02.195 and 2.460.250.

(7) If, upon all the evidence, the hearing examiner finds that the respondent has not engaged in any alleged unlawful discrimination within the meaning of this chapter, the examiner shall state findings of fact and shall similarly issue and file an order dismissing the complaint.

(8) An order dismissing a complaint may include an award of reasonable attorneys’ fees in favor of the respondent if the hearing examiner concludes that the complaint was frivolous, unreasonable, or groundless. (Added by Amended Ord. 10-021, June 7, 2010, Eff date Aug. 21, 2010; Amended by Amended Ord. 16-034, June 1, 2016, Eff date June 15, 2016).