Compilation of Rules and Regulations of the State of Georgia
Department 186 - COMMISSION ON EQUAL OPPORTUNITY
Chapter 186-2 - GEORGIA FAIR HOUSING LAW
Rule 186-2-.04 - Administrative Proceedings Under O.C.G.A. Section 8-3-213 of the Georgia Fair Housing Law, as Amende

(i) Claims to have been injured by a discriminatory housing practice; or

(ii) Believes that such person will be injured by a discriminatory housing practice that is about to occur.

(i) Service is effected at the time of mailing.

(ii) When a party has the right or is required to take an action within a prescribed period after the service of a document upon the party, and the document is served by mail, three days shall be added to the prescribed period.

(i) To conduct hearings in accordance with this part;

(ii) To administer oaths and affirmations and examine witnesses;

(iii) To issue subpoenas in accordance with Rule 186-2-.04(6);

(iv) To rule on offers of proof and receive evidence;

(v) To take depositions or have depositions taken when the ends of justice would be served;

(vi) To regulate the course of the hearing and the conduct of parties and their counsel;

(vii) To hold conferences for the settlement or simplification of the issues by consent of the parties;

(viii) To dispose of motions, procedural requests, and similar matters;

(ix) To make initial decisions as described under Rule 186-2-.04(9);

(x) To exercise such powers vested in the Administrator as are necessary and appropriate for the purpose of the hearing and conduct of the proceeding.

(i) The Commission. The Commission files the charge under Rule 186-2-.03(6)(b) seeking appropriate relief for an aggrieved party and vindication of the public interest.

(ii) Respondent. The respondent is a person named in the charge issued under Rule 186-2-.02(6)(b) against whom relief is sought.

(iii) Intervenors. An aggrieved person may file a request for intervention under Rule 186-2-.04(4)(d). Intervention shall be permitted if the request is timely and;

(i) Individuals may appear on their own behalf;

(ii) A member of a partnership may represent the partnership;

(iii) An officer of a corporation, trust or association may represent the corporation, trust or association;

(iv) An officer or employee of any governmental unit, agency or authority may represent that unit, agency or authority;

(v) An attorney admitted to practice in the State of Georgia or in any state. The attorney's representation that he or she is in good standing in any state is sufficient evidence of the attorney's qualifications under this section, unless otherwise ordered by the panel of Commissioners.

(i) The notice shall state that a complainant (including the Commission, if the Commission filed the complaint), a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in the charge decided in a civil action under O.C.G.A. Section 8-3-213(a)(1) of the Act, in lieu of an administrative proceeding under this part. The notice shall state that the election must be made not later than 20 days after the receipt of the service of the charge. Where the Commission is the complainant, the Administrator must make the election not later than 20 days after the service of the charge. The notice shall state that the notification of the election must be served on the Chief Commissioner, the respondent, the aggrieved party on whose behalf the complaint was filed, and the Administrator.

(ii) The notice shall state that if no person timely elects under paragraph 2. (i) of this section to have the claims asserted in the charge decided in a civil action under O.C.G.A. Section 8-3-213(a)(1) of the Act, an administrative proceeding will be conducted. The notice shall state that if an administrative hearing is conducted:

(iii) The notice shall state that if at any time following the service of the charge on the respondent, the respondent intends to enter into a contract, sale, encumbrance, or lease with any person regarding the property that is the subject of the charge, the respondent must provide a copy of the charge to the person before the respondent and the person enter into the contract, sale, encumbrance or lease.

(i) A statement that the respondent admits, denies, or does not have and is unable to obtain sufficient information to admit or deny, each allegation made in the charge. A statement of lack of information shall have the effect of a denial. Any allegation that is not denied shall be deemed to be admitted.

(ii) A statement of each affirmative defense and a statement of facts supporting each affirmative defense.

(i) Deposition upon oral examination or written questions;

(ii) Written interrogatories;

(iii) Requests for production of documents or other evidence, for inspection and other purposes, and physical and mental examinations;

(iv) Request for admissions.

(i) Any deposition maybe used by any party for the purpose for contradicting or impeaching the testimony of the deponent as a witness.

(ii) The deposition of expert witnesses, may be used by any party for any purpose, unless the panel rules that such use is unfair or a violation of due process.

(iii) The deposition of a party or of anyone who at the time of the taking of the deposition was an officer, director, or duly authorized agent of a public or private corporation, partnership, or association that is a party, may be used by any other party for any purpose.

(iv) The deposition of a witness, whether or not a party, may be used by any party for any purpose if the panel finds:

(v) If a part of a deposition is offered in evidence by a party, any other party may require the party to introduce all of the deposition that is relevant to the part introduced. Any party may introduce any other part of the deposition.

(vi) Substitution of parties does not affect the right to use depositions previously taken. If a proceeding has been dismissed and another proceeding involving the same subject matter is later brought between the same parties or their representative or successors in interests, all depositions lawfully taken in the former proceeding may be used in the latter proceeding.

(i) Objections to the competency of a witness or to the competency, relevancy, or materiality of testimony are not waived by failure to make them before or during the taking of the deposition, unless the basis of the objection is one which might have been obviated or removed if presented at that time.

(ii) Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of the questions or answers, in the oath or affirmation, or in the conduct of parties, and errors of any kind which might be obviated, removed or cured if promptly presented, are waived unless reasonable objection is made at the taking of the deposition.

(iii) Objections to the form of written interrogatories are waived unless served in writing upon the party propounding the interrogatories.

(i) Produce and permit the party making the request, or a person acting on the party's behalf, to inspect and copy any designated documents, or to inspect and copy, test, or sample any tangible things that are in the possession, custody, or control of the party upon whom the request is served;

(ii) Permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring; photographing, testing, or other purposes stated in paragraph 1. (i) hereof; or

(iii) Submit to a physical or mental examination by a physician.

(i) Set forth the items to be inspected by individual item or by category of items;

(ii) Describe each item or category with reasonable particularity;

(iii) Specify a reasonable time, place and manner for making the inspection and performing the related acts; and

(iv) Specify the time, place, manner, conditions, and scope of the physical or mental examination, and the person or persons who will make the examination. A report of the examining physician shall be made in accordance with O.C.G.A. Section 9-11-35(b) of the Civil Practice Act.

(i) That inspection and related activities will be permitted as requested;or

(ii) That objection is made to the request in whole or in part. If an objection is made, the response must state the reasons for the objection.

(i) A written statement specifically denying the relevant matters for which an admission is requested;

(ii) A written statement setting forth in detail why the party cannot truthfully admit or deny the matters; or

(iii) Written objections to the request alleging that the matters are privileged or irrelevant, or that the request is otherwise improper.

(i) A party is under a duty to timely supplement responses with respect to any question directly addressed to:

(ii) A party is under a duty to timely amend a previous response if the party later obtains information upon the basis of which:

(i) The discovery may not be had;

(ii) The discovery may be had only on specified terms and conditions, including a designation of time and place for discovery;

(iii) The discovery may be had by a method of discovery other than that selected by the party seeking discovery;

(iv) Certain irrelevant matters may not be the subject of discovery or that the scope of discovery be limited to certain matters;

(v) Discovery may be conducted with no one present other than persons designated by the panel;

(vi) A trade secret or other confidential research, development or commercial information may not be disclosed, or may be disclosed only in a designated way; or

(i) State the nature of the request;

(ii) Set forth the response or objection of the party upon whom the request was served;

(iii) Present arguments supporting the motion; and

(iv) Attach copies of all relevant discovery requests and responses.

(i) Draw an inference in favor of the requesting party with regard to the information sought;

(ii) Prohibit the party failing to comply with the order from introducing evidence concerning, or otherwise relying upon, testimony relating to the information sought;

(iii) Permit the requesting party to introduce secondary evidence concerning the information sought;

(iv) Strike any appropriate part of the pleadings or other submissions of the party failing to comply with such order; or

(v) Take such other action as may be appropriate.

(i) The attendance of a witness for the purpose of giving testimony at a deposition;

(ii) The attendance of a witness for the purpose of giving testimony at a hearing; and

(iii) The production of relevant books, papers, documents, or tangible things.

(i) Quash or modify the subpoena if it is unreasonable and oppressive or for other good cause shown; or

(ii) Condition denial of the motion upon the advancement, by the party on whose behalf the subpoena was issued, of the reasonable costs of producing subpoenaed books, papers or documents. Where the circumstances require, the panel may act upon such a motion at any time after a copy of the motion has been served upon the party on whose behalf the subpoena was issued.

(i) Issues involved in the proceeding;

(ii) Facts stipulated by the parties and a statement that the parties have made a good faith effort to stipulate to the greatest extent possible;

(iii) Facts in dispute;

(iv) Witnesses (together with a summary of the testimony expected) and exhibits to be presented at the hearing;

(v) A brief statement of applicable law;

(vi) Conclusions to be drawn;

(vii) Estimated time required for presentation of the party's case;

(viii) Such other information as may assist in the disposition of the proceeding.

(i) Simplification and clarification of the issues;

(ii) Necessary amendments to the pleadings;

(iii) Stipulations of fact and of the authenticity, accuracy, and admissibility of documents;

(iv) Limitations on the number of witnesses;

(v) Negotiation, compromise, or settlement of issues;

(vi) The exchange of proposed exhibits;

(vii) Matters of which official notice will be requested;

(viii) A schedule for the completion of actions discussed at the conference;

(ix) Such other information as may assist in the disposition of the proceeding.

(i) The settlement commissioner shall report to the Chief Commissioner of the assigned panel describing the status of the settlement negotiations, evaluating settlement prospects, and recommending the termination or continuation of settlement negotiations.

(i) The panel may order the respondent to pay damages to the aggrieved person (including damages caused by humiliation and embarrassment).

(ii) The panel may provide for injunctive relief or such other equitable relief as may be appropriate. No such order may affect any contract, sale, encumbrance or lease consummated before the issuance of the initial decision that involved a bona fide purchaser, encumbrance or tenant without actual knowledge of the charge issued under Rule 186-2-.03(6)(b).

(iii) To vindicate the public interest, the panel may assess a civil penalty against the respondent. The amount of the civil penalty may not exceed:

(iv) If the acts constituting the discriminatory housing practice that is the subject of the charge were committed by the same natural person who has previously been adjudged, in any administrative proceeding or civil action, to have committed acts constituting a discriminatory housing practice, the time periods set forth in paragraphs 2. (iii)(I),(II) and (III) of this section do not apply.

(v) In a proceeding involving two or more respondents, the panel may assess a civil penalty as provided under paragraph 2. of this section against each respondent that the panel determines has been engaged or is about to engage in a discriminatory housing practice.

(i) Sending copies of the findings of fact, conclusions of law and the final decision to the governmental agency by certified mail; and

(ii) Recommending appropriate disciplinary action to the governmental agency, including, where appropriate, the suspension or revocation of the license of the respondent.

(iii) The Administrator shall notify the appropriate governmental agencies within 30 days alter the date of issuance of the final decision, unless a petition for judicial review of the final decision as described in Rule 186-2-.04(10) has been filed before the issuance of the notification of the agency. If such a petition has been filed, the Administrator will provide the notification to the governmental agency within 30 days of the date that the final decision is affirmed upon review. If a petition for judicial review is timely filed following the notification of the governmental agency, the Administrator will promptly notify the government agency of the petition and withdraw his or her recommendation.

(i) If the respondent is the prevailing party, an intervenor will be liable for reasonable attorney's fees and costs only to the extent that the intervenor's participation in the administrative proceeding was frivolous or vexatious, or was for the purpose of harassment.

(ii) To the extent that an intervenor is a prevailing party, the respondent will be liable for reasonable attorney's fees unless special circumstances make the recovery of such fees and costs unjust.