Section 910 IAC 2-7-9 - Dismissals and decisionsAuthority: IC 22-9.5-4-2
Affected: IC 4-21.5-3; IC 22-9.5-6-6; IC 22-9.5-6-12
Sec. 9.
(a) If the complainant, the respondent, or the aggrieved person on whose behalf a complaint was filed makes a timely election to have the claims asserted in the charge decided in a civil action under IC 22-9.5-6-12, the administrative law judge shall dismiss the administrative proceeding.(b) An administrative law judge may not continue an administrative proceeding under this rule regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved person under an act of Congress or a state law seeking relief with respect to that discriminatory housing practice. If such a trial is commenced, the administrative law judge shall dismiss the administrative proceeding. The commencement and maintenance of a civil action for appropriate temporary or preliminary relief under IC 22-9.5-6-6 does not affect administrative proceedings under this rule.(c) The administrative law judge shall issue an initial decision in accordance with IC 4-21.5-3-27.(d) IC 4-21.5-3-28 and IC 4-21.5-3-29 apply to the ICRC's review of the initial decision issued by the administrative law judge, objections, and final decisions of the ICRC.(e) At any time before the issuance of a final decision, the parties may submit an agreement resolving the charge. The agreement must be signed by the respondent, the aggrieved person upon whose behalf the charge was issued, and the director if he or she is a party or an intervenor. The administrative law judge shall accept the agreement by issuing an initial decision based on the agreed findings. The submission of an agreement resolving the charge constitutes a waiver of any right to challenge or contest the validity of a decision entered in accordance with the agreement.(f) If the commissioners remand the decision for further proceedings, such remand shall be conducted in accordance with IC 4-21.5-3-29(g).(g) Following the issuance of the final decision, any prevailing party except the ICRC may apply for attorney's fees and costs. The administrative law judge shall issue an initial decision awarding or denying such fees and costs. The initial decision shall become the final decision of the ICRC unless the ICRC reviews the initial decision and issues a final decision on fees and costs within thirty (30) days. The recovery of reasonable attorney's fees and costs will be permitted as follows: (1) If the respondent is the prevailing party an intervenor shall be liable for reasonable attorney's fees and costs only to the extent that the intervenor's participation in the administrative proceeding is frivolous, vexatious, or was for the purpose of harassment.(2) To the extent that an intervenor is the prevailing party, the respondent shall be liable for reasonable attorney's fees and costs unless special circumstances make the recovery of such fees and costs unjust.Civil Rights Commission; 910 IAC 2-7-9; filed Aug 20, 1993, 5:00 p.m.: 17 IR 35; readopted filed Oct 25, 2001, 2:15 p.m.: 25 IR 942; readopted filed Oct 29, 2007, 2:55 p.m.: 20071128-IR-910070566RFA; readopted filed Nov 19, 2013, 9:07 a.m.: 20131218-IR-910130454RFAReadopted filed 9/27/2019, 2:32 p.m.: 20191030-IR-910190407RFA