South Carolina Code of Regulations
Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION
Subchapter 2 - FAIR HOUSING
Article 2 - FAIR HOUSING COMPLAINT PROCESSING
Section 65-227 - Issuance of Reasonable Cause Determination
Universal Citation: SC Code Regs 65-227
Current through Register Vol. 48, No. 3, March 22, 2024
A. Reasonable cause determination.
(1) If a conciliation agreement has not been
executed by the complainant and the respondent, and approved by the
Commissioner, within the time limits set forth in paragraph (3)(a) of this
section, the Commission shall determine whether, based on the totality of the
factual circumstances known at the time of the decision, reasonable cause
exists to believe that a discriminatory housing practice has occurred or is
about to occur. The reasonable cause determination will be based solely on the
facts concerning the alleged discriminatory housing practice, provided by
complainant and respondent and otherwise, disclosed during the investigation.
(a) In all cases
(i) If the Commission determines that
reasonable cause exists the Commission will immediately issue a reasonable
cause determination on behalf of the aggrieved person, and shall notify the
aggrieved person and the respondent of this determination by certified mail or
personal service.
(ii) If the
Commission determines that no reasonable cause exists, the Commission shall:
issue a short and plain written statement of the facts upon which the
Commission has based the no reasonable cause determination; dismiss the
complaint; notify the aggrieved person and the respondent of the dismissal
(including the written statement of facts) by certified mail or personal
service; and make public disclosure of the dismissal. Public disclosure of the
dismissal may be by issuance of a press release except that the respondent may
request that no release be made. Notwithstanding a respondent's request that no
press release be issued, the fact of the dismissal, including the names of the
parties, shall be public information available on request.
(2) The Commission may not issue a
reasonable cause determination under paragraph (1) of this section regarding an
alleged discriminatory housing practice, if an aggrieved person has commenced a
civil action seeking relief with respect to the alleged discriminatory housing
practice, and the trial in the action has commenced. If a complaint may not be
issued because of the commencement of such a trial, the Commission will so
notify the aggrieved person and the respondent by certified mail or personal
service.
(3)
(a) The Commission shall make a reasonable
cause determination within 100 days after filing of the original complaint (or
where the Commission has reactivated a complaint, within 100 days after service
of the notice of reactivation), unless it is impracticable to do so.
(b) If the Commission is unable to make the
determination within the 100 day period specified in paragraph (3)(a) of this
section, the Commission will notify the aggrieved person and the respondent, by
certified mail or personal service, of the reasons for the delay.
B. Issuance of Administrative Pleading.
(1) An administrative
pleading:
(a) Shall consist of a short and
plain written statement of the facts upon which the Commission has found
reasonable cause to believe that a discriminatory housing practice has occurred
or is about to occur.
(b) Shall be
based on the final investigative report; and
(c) Need not be limited to facts or grounds
that are alleged in the original complaint if the record of the investigation
demonstrated that the respondent has been given notice and an opportunity to
respond to the allegation.
(2) Within three business days after the
issuance of the reasonable cause determination the Commission shall:
(a) Set a time and place for
hearing;
(b) File the
administrative pleading along with the required notifications, with the
Chairman; and
(c) Serve the
administrative pleading and notifications in accordance with the Act.
C. Election of civil action or provision of administrative proceeding.
(1) If an administrative pleading is issued
under 65-227.B., a complainant, a respondent, or an aggrieved person on whose
behalf the complaint is filed may elect, in lieu of an administrative
proceeding, to have the claims asserted in the complaint decided in a civil
action.
(2) The election must be
made no later than twenty days after the receipt of service of the reasonable
cause determination. The notice of the election must be filed with the
Commission, the respondent, and the aggrieved persons on whose behalf the
complaint was filed. The notification will be filed and served in accordance
with the procedures established under Article 3.
(3) If an election is not made under this
section, the Commission will maintain an administrative proceeding based on the
administrative pleading in accordance with the procedures under Article
3.
(4) If an election is made under
this section, the Commission shall cause to be commenced and maintained a civil
action seeking relief as provided by the Fair Housing Law on behalf of the
aggrieved person in the appropriate Court of Common Pleas.
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.