368-1.5 Programs and activities receiving state financial assistance. §368-1.5 Programs and activities receiving state financial assistance.
§368-1.5 Programs and activities receiving state financial assistance. [Section effective July 1, 2022. For section effective until June 30, 2022, see below.] (a) No otherwise qualified individual in the State shall, by reason of the individual’s disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination by state […]
368-2 Civil rights commission established.
§368-2 Civil rights commission established. (a) There is established a civil rights commission composed of five members nominated and, by and with the advice and consent of the senate, appointed by the governor for staggered terms in accordance with section 26–34. The members appointed to the commission shall be selected on the basis of their […]
368-3 Powers and functions of commission.
§368-3 Powers and functions of commission. The commission shall have the following powers and functions: (1) To receive, investigate, and conciliate complaints alleging any unlawful discriminatory practice under part I of chapter 489, chapter 515, and part I of chapter 378, and complaints filed under this chapter, and conduct proceedings on complaints alleging unlawful practices […]
368-4 Records; confidentiality; disclosure; reporting requirements.
§368-4 Records; confidentiality; disclosure; reporting requirements. (a) All records of the investigation arising from a complaint filed with the commission shall be kept confidential and shall not be disclosed to anyone; provided that any factual matters provided to the commission during the intake and investigation of the complaint, including complainant and respondent statements and documents, […]
368-5 Penalties.
§368-5 Penalties. Whoever intentionally resists, prevents, impedes, or interferes with the commission or any of its authorized agents or representatives in the performance of duties pursuant to this chapter, or who in any manner intentionally violates an order of the commission, shall be fined not more than $500, or imprisoned for not more than ninety […]
368-11 Complaint against unlawful discrimination. §368-11 Complaint against unlawful discrimination.
Revision Note Part II designation added by revisor pursuant to §23G-15. Case Notes No intentional infliction of emotional distress as commission’s act of sending official letter to settle complaint if appellant paid monetary damages and took out newspaper ad not “outrageous” conduct. 88 H. 85, 962 P.2d 344 (1998). The commission is subject to a […]
368-12 Notice of right to sue.
§368-12 Notice of right to sue. The commission may issue a notice of right to sue upon written request of the complainant. Within ninety days after receipt of a notice of right to sue, the complainant may bring a civil action under this chapter. The commission may intervene in a civil action brought pursuant to […]
368-13 Investigation and conciliation of complaint.
§368-13 Investigation and conciliation of complaint. (a) After the filing of a complaint, or whenever it appears to the commission that an unlawful discriminatory practice may have been committed, the commission’s executive director shall make an investigation in connection therewith. At any time after the filing of a complaint but prior to the issuance of […]
368-14 Commission hearings.
§368-14 Commission hearings. (a) If, fifteen days after service of the final conciliation demand, the commission finds that conciliation will not resolve the complaint, the commission shall appoint a hearings examiner and schedule a contested case hearing that shall be held in accordance with chapter 91. The case in support of the complaint shall be […]
368-15 Compliance review.
§368-15 Compliance review. At any time in its discretion but not later than one year from the date of a conciliation agreement, predetermination settlement, or after the date of a commission’s order to cease an unlawful practice and to take appropriate remedy, the commission shall investigate whether the terms of the agreement, settlement, or order […]