South Carolina Code of Regulations
Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION
Subchapter 2 - FAIR HOUSING
Article 2 - FAIR HOUSING COMPLAINT PROCESSING
Section 65-223 - Investigation Procedures
Universal Citation: SC Code Regs 65-223
Current through Register Vol. 48, No. 3, March 22, 2024
A. Investigations
(1) Upon the filing of a
complaint under 65-220, the Commission will initiate an
investigation.
(2) The purposes of
an investigation are:
(a) To obtain
information concerning the events or transactions that relate to the alleged
discriminatory housing practice identified in the complaint.
(b) To document policies or practices of the
respondent involved in the alleged discriminatory housing practice raised in
the complaint.
(c) To develop
factual data necessary for the Commission to make a determination whether
reasonable cause exists to believe that a discriminatory housing practice has
occurred or is about to occur, and to take other actions provided by the Fair
Housing Law.
B. Conduct of Investigation.
(1) In conducting investigations under this
Rule, the Commission will seek the voluntary cooperation of all persons to
obtain access to premises, records, documents, individuals, and other possible
sources of information; to examine, record, and copy necessary materials; and
to take and record testimony or statements of persons reasonably necessary for
the furtherance of the investigation.
(2) The Commission and the respondent may
conduct discovery in aid of the investigation by the same methods and to the
same extent that parties may conduct discovery in an administrative proceeding
except that the Commission shall have the power to issue subpoenas in support
of the investigation or at the request of the respondent. Subpoenas must be
approved by the Legal Counsel as to their legality before issuance.
C. Cooperation of Federal, State or local agencies.
The Commission, in processing Fair Housing Law complaints, may seek the cooperation and utilize the services of Federal, State or local agencies, including any agency having regulatory or supervisory authority over financial institutions.
D. Completion of investigation.
(1) At any time,
the aggrieved person may seek to withdraw the complaint from the agency. The
request must be in writing from the aggrieved party, or aggrieved party's
representative, stating the reasons for withdrawal. The request is subject to
approval by the Commission. Such withdrawal shall be without prejudice to the
rights of the aggrieved party. A withdrawn complaint may be re-filed, provided
such filing occurs within one hundred eighty (180) days of the discriminatory
act originally alleged.
(2) If the
aggrieved party fails to provide information necessary for the filing or
processing of a complaint, fails or refuses to appear or to be available for
scheduled interviews or conferences with Commission investigators, or otherwise
refuses to cooperate with the Commission to the extent that the Commission is
unable to resolve the complaint, then the Commission, after due written notice
to the aggrieved party and fifteen (15) days in which to respond, may dismiss
the complaint.
(3) All other
investigations will remain open until the reasonable cause determination is
made or a conciliation agreement is executed and approved. Unless it is
impracticable to do so, the Commission will complete the investigation of the
alleged discriminatory housing practice within 100 days of the filing of the
complaint (or where the Commission reactivates the complaint, within 100 days
after service of the notice of reactivation). If the Commission is unable to
complete the investigation within the 100 day period, the Commission will
notify the aggrieved person and the respondent, by certified mail or personal
service, of the reasons for the delay.
E. Final investigative report.
(1) At the end of each investigation under
this Rule, the Commission will prepare a final investigative report. The
investigative report will contain:
(a) The
names and dates of contacts with witnesses, except that the report will not
disclose the names of witnesses who request anonymity. The Commission, however,
may be required to disclose the names of such witnesses in the course of an
administrative hearing or a civil action under the Fair Housing Law.
(b) A summary and the dates of correspondence
and other contacts with the aggrieved person and the respondent.
(c) A summary description of other pertinent
records.
(d) A summary of witness
statements; and
(e) Answers to
interrogatories.
(2) A
final investigative report may be amended at any time, if additional evidence
is discovered.
(3) Notwithstanding
the prohibitions and requirements with respect to disclosure of information
contained in 65-225.F., the Commission will make information derived from an
investigation, including the final investigative report, available to the
aggrieved person and the respondent. Following the completion of investigation,
the Commission shall notify the aggrieved person and the respondent that the
final investigation report is completed and will be provided upon
request.
Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.