Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 13B.010, 344.010-344.500,
344.600-344.680, 344.990
NECESSITY, FUNCTION, AND CONFORMITY: KRS 344.180 and 344.190 require the commission to receive, investigate, conciliate,
and hold hearings on complaints alleging unlawful discrimination. This
administrative regulation establishes procedures for the filing of complaints
alleging unlawful discrimination and administrative hearings relating
thereto.
Section 1. Definitions.
(1) "Commission" means the Kentucky
Commission on Human Rights established by KRS 344.150.
(2) "EEOC" means the United States Equal
Employment Opportunity Commission.
(3) "HUD" means the United States Department
of Housing and Urban Development, Office of Fair Housing and Equal
Opportunity.
Section 2.
Complaint.
(1) Filing.
(a) Assistance in filing complaints shall be
available to complainants at the commission, The Hey-burn Building, 332 West
Broadway, Suite 700, Louisville, Kentucky 40202, Monday through Friday, between
the hours of 8 a.m. and 4:30 p.m.
(b) Complainants may provide information to
be contained in a complaint by telephone to the commission.
(c) The commission shall reduce information
received by telephone to writing on the appropriate complaint form. The
commission may send the form to the complainant to be signed unless the
information fails to establish a violation of KRS 344.010 to 344.500, 344.600
to 344.680, and 344.990.
(d) Upon
the receipt of a communication from the EEOC or the HUD that a complaint has
been submitted, the executive director or a designated commission staff member:
1. May issue a complaint in writing;
and
2. Attach materials transmitted
from the federal government.
(2) Complaint form. The complaint:
(a) The commission shall provide a
complainant with an appropriate complaint form.
(b) A complaint may be filed on one (1) of
the following forms:
1. For employment,
housing, public accommodation, or financial transactions complaints, "Complaint
of Discrimination" form;
2. For
housing discrimination complaints dual-filed with the commission and HUD,
"Housing Discrimination Complaint" form; or
3. For employment discrimination complaints
dual-filed with the commission and EEOC, "Charge of Discrimination"
form.
(c) A complaint
shall be signed and affirmed or sworn before a notary public or other person
authorized by law to administer oaths and take acknowledgments. Notarial
service shall be furnished without charge by the commission.
(3) Place of filing. A complaint
shall be filed with the commission at its office in Louisville as provided in
subsection (4) of this section.
(4)
Manner of filing.
(a) The complaint may be
filed by personal delivery or mail to the commission's office in
Louisville.
(b) A complaint may be
delivered to:
1. A commissioner;
2. A member of the commission's staff;
or
3. Other commission
office.
(c) The person
or office with whom a complaint is filed shall timely file the complaint at the
commission's Louisville office.
(5) Amendment of complaint.
(a) The commission, the presiding hearing
officer, or the complainant shall have the power reasonably and fairly to amend
a complaint.
(b) Amendments may
include amendments to:
1. Cure technical
defects or omissions;
2. Amplify
the allegations in the complaint; or
3. The joinder of additional or substitute
respondents.
(c)
1. If a complaint is amended, the respondent
may request in writing that the hearing be postponed.
2. A hearing shall not be postponed for more
than ten (10) days after the original hearing date.
(6) Withdrawal of complaint. A
complainant may withdraw the complaint, or any part of the complaint, without
prejudice if the complainant:
(a) Files a
written request stating the reasons for withdrawal; and
(b) Written consent is obtained from the:
1. Executive director, if the request is made
before the issuance of a notice of hearing; or
2. Chairperson of the commission or presiding
officer, if the request is made after the issuance of a notice of
hearing.
Section 3. Notice of Hearing.
(1) The executive director shall schedule a
hearing and report to the chairperson.
(2) Notice of hearing. If a party is
represented by an attorney, a copy of the notice of hearing, complaint,
documents, and amendments to documents, shall be furnished to the
attorney.
(3) Place of hearing.
(a) A hearing shall be held at an office of
the commission or other place designated by the commission.
(b) A complainant or respondent may request
in writing that the location of a hearing be changed.
Section 4. Answer to Complaint.
(1) Filing of answer.
(a) The respondent or the respondent's
attorney of record shall answer the complaint or amended complaint.
(b) The answer shall be:
1. In writing;
2. Signed by the respondent or respondent's
attorney of record; and
3. Filed
with two (2) copies at the Kentucky Commission on Human Rights, The Heyburn
Building, 332 West Broadway, Suite 700, Louisville, Kentucky 40202, Monday
through Friday, between the hours of 8 a.m. and 4:30 p.m.
(2) Content. The answer shall:
(a) Admit or deny the allegations in the
complaint;
(b) State in concise,
plain language, the defenses to each claim asserted;
(c) Specifically state:
1. A defense of lack of jurisdiction;
and
2. A brief statement of the
facts upon which the defense is based;
(d) Specifically state whether the respondent
is without knowledge or information sufficient to form a belief as to the truth
of an allegation or claim;
(e)
Contain the mailing address of the:
1.
Respondent; and
2. If applicable,
respondent's attorney of record.
(3) Failure to deny or admit. Failure to
state in respondent's answer that respondent is without knowledge or
information sufficient to form a belief as to the truth of an allegation shall
be deemed an admission of the allegation.
(4) Manner of filing. The answer shall be
filed by:
(a) Registered or certified mail
addressed to the office of the commission in Louisville; or
(b) Delivery to the office.
(5) Defense and new matter.
Allegation of new matter contained in the answer shall be deemed
denied.
(6) Extension of time for
filing. Upon application, the chairperson or the presiding hearing officer may
for good cause shown extend the time within which an answer may be
filed.
(7) Amendments of answer. An
original amended answer with two (2) copies shall be filed with the commission
as provided in subsection (4) of this section.
Section 5. Hearing Procedures.
(1) Appearances. The complainant or the party
on whose behalf the complaint was filed shall appear at the hearing to
testify.
(2) Who shall conduct.
(a) Hearings shall be conducted before one
(1) or more hearing officers appointed by the chairperson.
(b) The hearing officer may be a commissioner
or may be a person appointed by the chair.
(c) If more than one (1) hearing officer is
appointed, the chairperson shall designate one (1) of them to act as presiding
hearing officer.
(3)
Joiner. Two (2) or more proceedings may be joined by the commission.
(4) Stipulations. The parties may file a
stipulation as to any relevant matter. A stipulation shall not preclude the
offering of additional evidence by any party.
(5) Continuation and adjournments.
(a) A hearing officer may:
1. Continue a hearing from day to
day;
2. Adjourn a hearing to a
later date or to a different place.
(b) A hearing officer may continue or adjourn
a hearing by:
1. Announcement at the hearing;
or
2. Other notice to all
parties.
(6)
Oral arguments and briefs. The presiding hearing officer shall permit the
parties, their attorneys, or the members of the commission's staff presenting
the case in support of the complaint, to present oral argument and to file
briefs.
(7) Improper conduct. The
presiding hearing officer may exclude from the hearing room or from further
participation in the proceeding a person who engages in improper conduct before
the hearing officer.
(8) Waiver of
hearing. If a hearing has not been held, or if findings of fact or conclusions
of law have not been made, an order may be entered if:
(a) The respondent has consented in writing;
and
(b) Written notice has been
given to all parties.
Section 6. Issuance of Subpoena.
(1) If a subpoena or subpoena duces tecum is
issued at the request of a party to a hearing or other proceeding, the cost of
service, witness and mileage fees shall be borne by the party who requested the
subpoena.
(2) If a subpoena or
subpoena duces tecum is issued by order of a commissioner, hearing officer or
the executive director, the cost of service, witness, and mileage fees shall be
borne by the commission.
Section
7. Filing of Orders. An order issued by the commission after a
hearing shall be filed in the commission's office in Louisville.
Section 8. Certification. The chairperson or
the executive director shall certify documents or records that are a part of
the files and records of the commission.
Section
9. Material Incorporated by Reference.
(1) The following material is incorporated by
reference:
(a) "Complaint of Discrimination
Form (April 1996";
(b) "How to File
a Complaint of Discrimination (April 1996)";
(c) "Housing Discrimination Complaint Form
(HUD 903) (February 1991)";
(d)
"Charge of Discrimination (EEOC 5) (June 1992)"; and
(e) "Request for Reconsideration (April
1996)".
(2) This
material which is made available upon request to persons with disabilities in
alternative formats may be inspected, copied or obtained:
(a) At the offices of the Kentucky Commission
on Human Rights, The Heyburn Building, Suite 700, 332 West Broadway,
Louisville, Kentucky 40202; or
(b)
Requested at any time by calling:
1. (502)
595-4024 (voice);
2. (800)
295-5566;
3. (502) 595-4084, (TTY),
for the speech and hearing impaired;
4. Kentucky Relay Service, (800) 648-6056
(TTY), (800) 648-6057 (voice).
(c) Material may be inspected, copied, or
obtained, 8 a.m. to 4:30 p.m., Monday through Friday.
STATUTORY AUTHORITY: KRS 344.180(3), 344.190(8),
(9), (10), (14)