Current through Register Vol. XLI, No. 50, December 13, 2024
Section 77-8-4 - Investigation Procedures4.1. Investigations4.1.1. Upon the filing of a complaint under section 3.6 of these regulations, the commission will initiate an investigation. The purpose of an investigation are: 4.1.1.a. To obtain information concerning the events or transactions that relate to the alleged discriminatory housing practice identified in the complaint.4.4.1.b. To document policies or practices of the respondent involved in the alleged discriminatory housing practice raised in the complaint.4.4.1.c. To develop factual data necessary for the commission to make a determination under section 6.1 of these regulations whether reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, and to take other actions provided under this part.4.1.2. The commission may initiate an investigation of housing practices to determine whether a complaint should be filed under section 3 of these regulations. Such investigations will be conducted in accordance with the procedures described herein.4.2. Systemic processingWhere the commission determines that the alleged discriminatory practices contained in a complaint are pervasive or institutional in nature, or that the processing of the complaint will involve complex issues, novel questions of fact or law, or will affect a large number of persons, the commission may identify the complaint for systemic processing. This determination can be based on the face of the complaint or on information gathered in connection with an investigation. Systemic investigations may focus not only on documenting facts involved in the alleged discriminatory housing practice that is the subject of the complaint but also on review of other policies and procedures related to matters under investigation, to make sure that they also comply with the nondiscrimination requirements of the West Virginia Fair Housing Act.
4.3. Conduct of investigation 4.3.1. In conducting investigations under this part, 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.4.3.2. 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 under sections 10 and 11 of these rules.4.4. Cooperation of federal, state and local agenciesThe commission, in processing West Virginia Fair Housing Act 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.
4.5. Completion of investigation 4.5.1. The investigation will remain open until the reasonable cause determination is made under section 6.1 of these regulations, or a conciliation agreement is executed and approved under section 5.2 of these regulations, or the matter is filed and fully adjudicated in a circuit court pursuant to W. Va. Code '5-11A-14(a)(1)(A).4.5.2. If during the pendency of the investigation, the complainant initiates a civil action in circuit court pursuant to W. Va. Code '5-11A-14(a)(1)(A), the complainant shall immediately notify the commission of the filing of such action, and the commission shall suspend the investigation.4.5.3. Unless it is impracticable to do so, or unless the investigation shall have been suspended pursuant to 4.5.2, the commission will complete the investigation of the alleged discriminatory housing practice within one hundred (100) days of the filing of the complaint. 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.4.6. Final investigative report 4.6.1. At the end of each investigation under this part, the commission will prepare a final investigative report. The investigative report will contain:4.6.1.a. The names and dates of contacts with witnesses, except that the report will not disclose the names of witnesses that request anonymity. The commission, however, may be required to disclose the names of such witnesses in the course of an administrative hearing under these regulations or a civil action under the West Virginia Fair Housing Act;4.6.1.b. A summary and the dates of correspondence and other contacts with the aggrieved person and the respondent;4.6.2.c. A summary description of other pertinent records;4.6.2.d. A summary of witness statements; and4.6.2.e. Answers to interrogatories.4.6.2. A final investigative report may be amended at any time if additional evidence is discovered.4.6.3. Notwithstanding the prohibitions and requirements with respect to disclosure of information contained in 5.6. of these regulations, 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 complete and will be provided upon request.