8 CSR 60-2.210 - Orders
(1) An order of a hearing panel issued after
hearing shall set forth the findings of fact, conclusions of law, and final
decision and order.
(2) If, upon
all the evidence, the hearing panel shall find that a respondent has not
engaged in any unlawful discriminatory practices, the hearing panel shall state
its findings of fact and shall issue and cause to be served on the complainant
and respondent an order dismissing the complaint as to the
respondent.
(3) If, upon all the
evidence of a complaint alleging a violation of section
213.070, RSMo, as it relates to
or involves alleged violations of section
213.040,
213.045, or
213.050, RSMo, or as it relates
to or involves the alleged encouraging, aiding, or abetting the violations of
these sections and for complaints alleging violations of section
213.040,
213.045, or
213.050, RSMo, the hearing panel
finds that a respondent has engaged, or is about to engage in any unlawful
discriminatory practices, the hearing panel shall state its findings of fact
and conclusions of law and shall issue and cause to be served on the
complainant and respondent an order for relief as may be appropriate. The
relief may include, but is not limited to, the following:
(A) The hearing panel may order the
respondent to pay damages to the aggrieved person (including damages caused by
deprivation of civil rights, emotional distress, and humiliation). No order
shall affect any contract, sale, encumbrance, or lease consummated before the
issuance of the decision that involved a bona fide purchaser, encumbrancer, or
tenant without actual knowledge of the complaint issued under
8 CSR
60-2.025 and section
213.075, RSMo; and
(B) The hearing panel may assess a civil
penalty against the respondent to vindicate the public interest.
1. The amount of the civil penalty may not
exceed-
A. Two thousand dollars ($2,000), if
the respondent has not been adjudged to have committed any prior discriminatory
housing practice in any administrative hearing or civil action permitted under
Chapter 213, RSMo, or Title VIII of the Civil Rights Act of 1968;
B. Five thousand dollars ($5,000), if the
respondent has been adjudged to have committed one (1) other discriminatory
housing practice in any administrative hearing or civil action permitted under
Chapter 213, RSMo, or Title VIII of the Civil Rights Act of 1968 and the
adjudication was made during the five (5)-year period preceding the date of
filing of the complaint; or
C. Ten
thousand dollars ($10,000), if the respondent has been adjudged to have
committed two (2) or more discriminatory housing practices in any
administrative hearings or civil actions permitted under Chapter 213, RSMo, and
Title VIII of the Civil Rights Act of 1968 and the adjudications were made
during the seven (7)-year period preceding the date of the filing of the
complaint.
2. If the acts
constituting the discriminatory housing practice that are the subject of the
complaint were committed by the same natural person who has previously been
adjudged in any administrative proceedings or civil action to have committed
acts constituting a discriminatory housing practice, the time periods set forth
in subparagraphs (4)(B)1.B. and C. do not apply.
3. In a proceeding involving two (2) or more
respondents, the hearing panel may assess a civil penalty as provided under
subsection (3)(C) against each respondent that the hearing panel determines has
been engaged or is about to engage in a discriminatory housing
practice.
(4)
If, upon all the evidence in a complaint alleging violations of section
213.070, RSMo, as it relates to
or involves alleged violations of section
213.040,
213.045, or
213.050, RSMo, or as it relates
to or involves the alleged encouraging, aiding, or abetting the violation of
these sections and for complaints alleging violation of section
213.040,
213.045, or
213.050, RSMo, the hearing panel
finds that a respondent has not engaged, or is not about to engage, in any
unlawful discriminatory practice, the hearing panel shall state its findings of
fact and conclusions of law and shall issue and cause to be served on the
complainant and respondent an order dismissing the complaint as to the
respondent.
(5) Copies of orders
shall be mailed to the complainant, respondent, and all intervenors or their
attorneys, accompanied by a notice of the statutory right of judicial
review.
Notes
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