(b) Administrative law judge hearing in absence of election
If an election is not made under subsection (a) with respect to a charge filed under section 3610 of this title, the Secretary shall provide an opportunity for a hearing on the record with respect to a charge issued under section 3610 of this title. The Secretary shall delegate the conduct of a hearing under this section to an administrative law judge appointed under section 3105 of title 5. The administrative law judge shall conduct the hearing at a place in the vicinity in which the discriminatory housing practice is alleged to have occurred or to be about to occur.
(c) Rights of parties
At a hearing under this section, each party may appear in person, be represented by counsel, present evidence, cross-examine witnesses, and obtain the issuance of subpoenas under section 3611 of this title. Any aggrieved person may intervene as a party in the proceeding. The Federal Rules of Evidence apply to the presentation of evidence in such hearing as they would in a civil action in a United States district court.
(d) Expedited discovery and hearing
(1)
Discovery in administrative proceedings under this section shall be conducted as expeditiously and inexpensively as possible, consistent with the need of all parties to obtain relevant evidence.
(2)
A hearing under this section shall be conducted as expeditiously and inexpensively as possible, consistent with the needs and rights of the parties to obtain a fair hearing and a complete record.
(3)
The
Secretary shall, not later than 180 days after
September 13, 1988, issue rules to implement this subsection.
(e) Resolution of charge
Any resolution of a charge before a final order under this section shall require the consent of the aggrieved person on whose behalf the charge is issued.
(f) Effect of trial of civil action on administrative proceedings
An administrative law judge may not continue administrative proceedings under this section regarding any alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved party under an Act of Congress or a State law, seeking relief with respect to that discriminatory housing practice.
(g) Hearings, findings and conclusions, and order
(1)
The administrative law judge shall commence the hearing under this section no later than 120 days following the issuance of the charge, unless it is impracticable to do so. If the administrative law judge is unable to commence the hearing within 120 days after the issuance of the charge, the administrative law judge shall notify the
Secretary, the
aggrieved person on whose behalf the charge was filed, and the
respondent, in writing of the reasons for not doing so.
(2)
The administrative law judge shall make findings of fact and conclusions of law within 60 days after the end of the hearing under this section, unless it is impracticable to do so. If the administrative law judge is unable to make findings of fact and conclusions of law within such period, or any succeeding 60-day period thereafter, the administrative law judge shall notify the
Secretary, the
aggrieved person on whose behalf the charge was filed, and the
respondent, in writing of the reasons for not doing so.
(3) If the administrative law judge finds that a respondent has engaged or is about to engage in a discriminatory housing practice, such administrative law judge shall promptly issue an order for such relief as may be appropriate, which may include actual damages suffered by the aggrieved person and injunctive or other equitable relief. Such order may, to vindicate the public interest, assess a civil penalty against the respondent—
(B)
in an amount not exceeding $25,000 if the
respondent has been adjudged to have committed one other
discriminatory housing practice during the 5-year period ending on the date of the filing of this charge; and
(4)
No such order shall affect any contract, sale, encumbrance, or lease consummated before the issuance of such order and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the charge filed under this subchapter.
(5) In the case of an order with respect to a discriminatory housing practice that occurred in the course of a business subject to a licensing or regulation by a governmental agency, the Secretary shall, not later than 30 days after the date of the issuance of such order (or, if such order is judicially reviewed, 30 days after such order is in substance affirmed upon such review)—
(A)
send copies of the findings of fact, conclusions of law, and the order, to that governmental agency; and
(B)
recommend to that governmental agency appropriate disciplinary action (including, where appropriate, the suspension or revocation of the license of the
respondent).
(6)
In the case of an order against a
respondent against whom another order was issued within the preceding 5 years under this section, the
Secretary shall send a copy of each such order to the Attorney General.
(7)
If the administrative law judge finds that the
respondent has not engaged or is not about to engage in a
discriminatory housing practice, as the case may be, such administrative law judge shall enter an order dismissing the charge. The
Secretary shall make public disclosure of each such dismissal.
(h) Review by Secretary; service of final order
(1)
The
Secretary may review any finding, conclusion, or order issued under subsection (g). Such review shall be completed not later than 30 days after the finding, conclusion, or order is so issued; otherwise the finding, conclusion, or order becomes final.
(2)
The
Secretary shall cause the findings of fact and conclusions of law made with respect to any final order for relief under this section, together with a copy of such order, to be served on each
aggrieved person and each
respondent in the proceeding.
(i) Judicial review
(1)
Any party aggrieved by a final order for relief under this section granting or denying in whole or in part the relief sought may obtain a review of such order under chapter 158 of title 28.
(2)
Notwithstanding such chapter, venue of the proceeding shall be in the judicial circuit in which the
discriminatory housing practice is alleged to have occurred, and filing of the petition for review shall be not later than 30 days after the order is entered.
(j) Court enforcement of administrative order upon petition by Secretary
(1)
The
Secretary may petition any United
States court of appeals for the circuit in which the
discriminatory housing practice is alleged to have occurred or in which any
respondent resides or transacts business for the enforcement of the order of the administrative law judge and for appropriate temporary relief or restraining order, by filing in such court a written petition praying that such order be enforced and for appropriate temporary relief or restraining order.
(2)
The
Secretary shall file in court with the petition the record in the proceeding. A copy of such petition shall be forthwith transmitted by the clerk of the court to the parties to the proceeding before the administrative law judge.
(k) Relief which may be granted
(1) Upon the filing of a petition under subsection (i) or (j), the court may—
(A)
grant to the petitioner, or any other party, such temporary relief, restraining order, or other order as the court deems just and proper;
(B)
affirm, modify, or set aside, in whole or in part, the order, or remand the order for further proceedings; and
(C)
enforce such order to the extent that such order is affirmed or modified.
(2)
Any party to the proceeding before the administrative law judge may intervene in the court of appeals.
(3)
No objection not made before the administrative law judge shall be considered by the court, unless the failure or neglect to urge such objection is excused because of extraordinary circumstances.
(l) Enforcement decree in absence of petition for reviewIf no petition for review is filed under subsection (i) before the expiration of 45 days after the date the administrative law judge’s order is entered, the administrative law judge’s findings of fact and order shall be conclusive in connection with any petition for enforcement—
(1)
which is filed by the
Secretary under subsection (j) after the end of such day; or
(2)
under subsection (m).
(m) Court enforcement of administrative order upon petition of any person entitled to relief
If before the expiration of 60 days after the date the administrative law judge’s order is entered, no petition for review has been filed under subsection (i), and the Secretary has not sought enforcement of the order under subsection (j), any person entitled to relief under the order may petition for a decree enforcing the order in the United States court of appeals for the circuit in which the discriminatory housing practice is alleged to have occurred.
(n) Entry of decree
The clerk of the court of appeals in which a petition for enforcement is filed under subsection (l) or (m) shall forthwith enter a decree enforcing the order and shall transmit a copy of such decree to the Secretary, the respondent named in the petition, and to any other parties to the proceeding before the administrative law judge.
(o) Civil action for enforcement when election is made for such civil action
(1)
If an election is made under subsection (a), the
Secretary shall authorize, and not later than 30 days after the election is made the Attorney General shall commence and maintain, a civil action on behalf of the
aggrieved person in a United
States district court seeking relief under this subsection. Venue for such civil action shall be determined under chapter 87 of title 28.
(2)
Any
aggrieved person with respect to the issues to be determined in a civil action under this subsection may intervene as of right in that civil action.
(p) Attorney’s fees
In any administrative proceeding brought under this section, or any court proceeding arising therefrom, or any civil action under this section, the administrative law judge or the court, as the case may be, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee and costs. The United States shall be liable for such fees and costs to the extent provided by section 504 of title 5 or by section 2412 of title 28.
References in Text
The Federal Rules of Evidence, referred to in subsec. (c), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
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