§ 12-18. Referral to office of administrative hearings—Hearings.

(a)

Election of judicial determination. When a charge is filed under section 12-9, a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed, may elect to have the claims asserted in that charge decided in a civil action under Section 12-21 in lieu of a hearing under this section. The election must be made not later than 20 days after the receipt by the electing person of service under subsection 12-17(f). The person making such election shall give notice of doing so to the Secretary and to all other complainants and respondents to whom the charge relates.

(b)

Civil action for enforcement when election is made for such civil action. If an election is made under subsection (a), the Commission shall authorize, and not later than 30 days after the election is made the County Attorney shall commence and maintain, a civil action on behalf of the aggrieved person in Superior Court seeking relief under this Ordinance.

(c)

Upon receipt of an application for a hearing from the Commission, the Director of the Office of Administrative Hearings shall, without undue delay, assign an administrative law judge to hear the case. Under this subsection, references to "parties" means "the Commission" and "the Respondent" and any other party the administrative law judge permits to intervene. It shall be within the sound discretion of the administrative law judge to allow or disallow such motion.

(d)

All hearings under this Ordinance shall be de novo, open to the public, and shall be conducted in an impartial manner.

(e)

Venue of cases heard by an administrative law judge under this Ordinance shall be in Orange County.

(f)

If at any time after the commencement of a hearing of a case under this section, but before the administrative law judge issues a final decision, the parties successfully conciliate the Complaint, the Commission shall file a stipulation of settlement or notice of voluntary dismissal with the presiding administrative law judge. Upon receipt of such stipulation or notice, the administrative law judge and the Office of Administrative Hearings shall take no further action regarding the Complaint.

(g)

All hearings held before an administrative law judge shall, except as provided elsewhere in this Ordinance, be held in accordance with the provisions of Article 3, Chapter 150B (Administrative Procedures Act) and in accordance with Chapter 3 of Title 26 of the North Carolina Administrative Code.

(h)

The case in support of the Commission shall be presented at the hearing by the Commission's attorney.

(i)

The administrative law judge shall make a recommended decision, which shall contain findings of fact, conclusions of law, and recommended relief if appropriate.

(j)

A panel consisting of three members of the Commission shall review the findings of fact, conclusions of law, and relief granted, if any, set forth in the administrative law judge's recommended decision and affirm, modify or reverse the recommended decision. Such decision by the Commission panel shall constitute the final agency decision of the Commission. Prior to making its final decision, the Commission panel shall permit the Complainant and Respondent the opportunity to submit written exceptions to the recommended decision and shall permit them to present oral argument as to why the recommended decision should be affirmed, modified, or reversed. The decision of the administrative law judge shall become final and binding unless the Commission acts within 30 days of the date of the recommended decision to modify or reverse it.

(k)

In the event the Commission panel modifies or reverses the recommended decision of the administrative law judge, it shall set forth in writing the specific reasons it has reached a decision different from that of the administrative law judge.

(l)

The panel members shall be selected by the Commission. As a prerequisite to serving on this panel, a Commission member shall receive appropriate training by the North Carolina Human Relations Commission. Such training shall include Ordinance coverage and scope, how to prove if discrimination has occurred, and how to determine appropriate remedies if discrimination is proved.

(m)

No Commission member shall participate in the review of the recommended decision of the administrative law judge in any Complaint if, in the same Complaint, that Commission member has previously served on the three member panel reviewing a determination of no reasonable cause under Section 12-17(e) of this Ordinance.

(n)

The Office of Administrative Hearings shall prepare an official record of the case that includes:

(1)

Notices, pleadings, motions, and intermediate rulings;

(2)

Questions and offers of proof, objections, and rulings thereon;

(3)

Evidence presented;

(4)

Matters officially noticed, except matters so obvious that a statement of them would serve no useful purpose; and

(5)

The administrative law judge's recommended decision.

(o)

The Office of Administrative Hearings shall forward the official record to the Commission and shall forward a copy of its recommended decision to each party.

(p)

The Commission shall have the authority to enforce any award made to a Complainant pursuant to the applicable provisions of North Carolina law, statutory and common.

(Ord. of 8-3-1995, art. VIII, § 8.3.1, eff. 1-1-1995)