Current through all regulations passed and filed through September 16, 2024
(A) Content. The final order of the
commission issued after a hearing shall be accompanied by findings of fact and
conclusions of law.
(B) Issuance of
a cease and desist order.
(1) If upon all the
reliable, probative, and substantial evidence the commission determines that a
respondent has engaged in, or is engaging in, any unlawful discriminatory
practices, whether against the complainant or others, the commission shall
serve on the respondent an order containing findings of fact and conclusions of
law, and requiring the respondent to cease and desist from such unlawful
discriminatory practices and to take any further affirmative or other action as
will effectuate the purposes of Chapter 4112. of the Revised Code.
(a) Affirmative or other action may include,
but is not limited to, hiring, reinstatement, or upgrading of employees with or
without back pay; admission or restoration to union membership or to training
programs with utilization of objective criteria for admission; admission to
places of public accommodation; remediation; the sale or lease of housing
accommodations and lending money upon equal terms and conditions; cancellation,
rescission, or revocation of a contract, deed,
lease, or other document transferring any housing
accommodation which is the subject of a charge or complaint of unlawful
discrimination to a person who had notice, prior to the transfer or execution
of the agreement to make the transfer, that a charge or complaint under
division (H) of section
4112.02 of the Revised
Code was filed or issued.
(b) If a respondent is operating by virtue of
any license or permit issued by the state or a political subdivision or agency
thereof, or is holding a contract or subcontract with the state or a political
subdivision or agency thereof, and the commission determines after a hearing
that the respondent has engaged in or is engaging in any unlawful
discriminatory practices, the commission shall send a certified copy of its
findings and order to the licensing or contracting authority.
(2) At any time during which its
order is in effect, the commission may
investigate whether the terms of the order are being complied with. Upon a
determination that the terms of the order are not being complied with, the
commission may take appropriate action to assure compliance including, but not
limited to, petitioning a common pleas court for its enforcement. Upon a
determination that the order is being complied with and all unlawful
discriminatory practices have been eliminated, the commission may issue a
declaratory order stating that the respondent has ceased to engage in unlawful
discriminatory practices. The issuance of a declaratory order shall not affect
the requirement of any respondent to submit such compliance reports as the
commission may direct.
(3) The
commission and the respondent, may at any
time, enter into a written conciliation agreement
and consent order which shall also constitute a cease and desist order of the
commission.
Conciliation agreement and consent orders shall
include an express provision that the respondent intends to be legally bound
thereby and agrees to waive public hearing.
Conciliation
agreement and consent orders and cease and desist orders shall have the
same force and effect as a final order of the commission entered after hearing
and may be filed by the commission for enforcement purposes in the appropriate
common pleas court pursuant to section
4112.06 of the Revised
Code.
(C) Issuance of
dismissal order. If upon all the reliable, probative, and substantial evidence the commission finds that a
respondent has not engaged in any unlawful discriminatory practices against the
complainant or others, it shall serve on the parties an order dismissing the
complaint as to that respondent.
(D) Service. Copies of orders, accompanied by
a notice of the statutory right to judicial review, shall be served on all
parties and their
representatives.
(E) Filing of
orders. Final orders of the commission issued after a hearing shall be filed in
the principal office of the commission in the city of Columbus and shall be
open to public inspection during regular office hours of the
commission.
