Section 20-13-39 – Respondent’s answer and appearance at hearing–Charging party’s intervention.
20-13-39. Respondent’s answer and appearance at hearing–Charging party’s intervention. The respondent may file a written verified answer to the charge, and may appear at the hearing in person, with or without counsel, and submit testimony. In the discretion of the hearing examiner, a charging party may be allowed to intervene and present testimony in person […]
Section 20-13-40 – Amendment of charge or answer.
20-13-40. Amendment of charge or answer. The Division of Human Rights or the charging party may reasonably and fairly amend any charge. The respondent may also amend his answer. Source: SL 1972, ch 11, §11 (10); SL 1981, ch 166, §16.
Section 20-13-41 – Proceedings on default by respondent.
20-13-41. Proceedings on default by respondent. When a respondent has failed to answer a charge at a hearing as provided by §20-13-39 the Commission of Human Rights may enter his default. For good cause shown, the commission may set aside an entry of default within ten days after the date of the entry. If the […]
Section 20-13-42 – Finding of discriminatory or unfair practice–Cease and desist order–Affirmative action required.
20-13-42. Finding of discriminatory or unfair practice–Cease and desist order–Affirmative action required. If, upon taking into consideration all the evidence at a hearing, the commission finds that a respondent has engaged in, or is engaging in, any discriminatory or unfair practice as defined in this chapter, the commission shall state its findings of fact and […]
Section 20-13-43 – Finding of no discriminatory or unfair practice–Dismissal of charge.
20-13-43. Finding of no discriminatory or unfair practice–Dismissal of charge. If, upon taking into consideration all of the evidence at a hearing, the Commission of Human Rights finds that a respondent has not engaged in such discriminatory or unfair practice, the commission shall state its findings of fact and serve an order dismissing the charge […]
Section 20-13-29 – Charge filed with division–Requirements–Contents–Public officials may file charge.
20-13-29. Charge filed with division–Requirements–Contents–Public officials may file charge. Any person claiming to be aggrieved by a discriminatory or unfair practice may file with the Division of Human Rights a verified, written charge which shall state the name and address of the person or agency alleged to have committed the discriminatory or unfair practice. The […]
Section 20-13-30 – Charge by employer or organization against employees or members.
20-13-30. Charge by employer or organization against employees or members. Any place of public accommodation, employer, labor organization, or person who has employees or members who refuse to comply with the provisions of this chapter may file with the Division of Human Rights a verified written charge asking the division for assistance to obtain compliance […]
Section 20-13-31 – Time for filing charge.
20-13-31. Time for filing charge. Any charge filed under this chapter shall be filed within one hundred and eighty days after the alleged discriminatory or unfair practice occurred. Source: SL 1972, ch 11, §11 (15); SL 1981, ch 166, §9.
Section 20-13-32 – Service of charge–Investigation–Conference or conciliation to eliminate practice.
20-13-32. Service of charge–Investigation–Conference or conciliation to eliminate practice. After filing a verified charge, a true copy shall be served by registered or certified mail to the person against whom the charge is filed. A commissioner or a duly authorized Division of Human Rights agent shall promptly investigate the charge. If the investigating official determines […]
Section 20-13-32.2 – Investigative materials confidential–Access to material by parties following determination.
20-13-32.2. Investigative materials confidential–Access to material by parties following determination. Prior to the issuance of a determination under §20-13-1.1, 20-13-28.1, or 20-13-32, information and materials regarding a charge of discrimination obtained by an investigating official are confidential. Notwithstanding §§1-27-29 to 1-27-32, inclusive, after the issuance of a determination and upon receipt of a written request […]