7 LONG TITLE
8 Committee Note:
9 The Business and Labor Interim Committee recommended this bill.
10 General Description:
11 This bill amends provisions of the Fair Housing Act.
12 Highlighted Provisions:
13 This bill:
14 ▸ permits an aggrieved person to appeal a determination, of a director of the Division
15 of Antidiscrimination and Labor, dismissing a complaint alleging housing
16 discrimination under the Fair Housing Act; and
17 ▸ makes technical and conforming changes.
18 Money Appropriated in this Bill:
20 Other Special Clauses:
22 Utah Code Sections Affected:
24 57-21-9, as last amended by Laws of Utah 2016, Chapter 244
25 57-21-10, as last amended by Laws of Utah 2008, Chapter 382
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 57-21-9 is amended to read:
29 57-21-9. Procedure for an aggrieved person to file a complaint -- Conciliation --
30 Investigation -- Determination.
31 (1) An aggrieved person may file a written verified complaint with the division within
32 180 days after the day on which an alleged discriminatory housing practice occurs.
33 (2) (a) The commission shall adopt rules consistent with [
34 Sec. 115.3 (1990), relating to procedures under related federal law, to govern:
35 (i) the form of the complaint;
36 (ii) the form of any answer to the complaint;
37 (iii) procedures for filing or amending a complaint or answer; and
38 (iv) the form of notice to [
39 omission giving rise to the complaint.
40 (b) The commission may, by rule, prescribe any other procedure pertaining to the
41 division's processing of the complaint.
42 (3) During the period beginning with the filing of the complaint and ending with the
43 director's determination, the division shall, to the extent feasible, engage in conciliation with
44 respect to the complaint.
45 (4) (a) The division shall commence proceedings to investigate and conciliate a
46 complaint alleging a discriminatory housing practice within 30 days after the [
48 (b) After the commencement of an investigation, any party may request that the
49 commission review the proceedings to [
51 (5) (a) The division shall complete the investigation within 100 days after the [
53 do so.
54 (b) If the division is unable to complete the investigation within 100 days after the
56 notify the complainant and respondent in writing of the reasons for the delay.
57 (6) [
58 is no reasonable cause to support [
59 shall issue a written determination dismissing the complaint.
68 (7) If, as a result of the division's investigation of a complaint, the director determines
69 that there is reasonable cause to support [
71 (a) [
72 discriminatory housing practice through a conciliation conference between the parties, presided
73 over by the division[
74 (ii) nothing said or done in the course of [
75 Subsection (7)(a)(i) may be made public or admitted as evidence in a subsequent proceeding
76 under this chapter without the written consent of the parties concerned[
77 (b) [
78 voluntary compliance with this chapter[
79 (A) the parties shall execute a conciliation agreement, approved by the division, setting
80 forth the resolution of the issues [
81 (B) the parties or the division may enforce the conciliation agreement in an action filed
82 in a court of competent jurisdiction[
84 shall issue a written determination stating the director's findings and ordering [
85 relief under Section 57-21-11.
86 Section 2. Section 57-21-10 is amended to read:
87 57-21-10. Judicial election or formal adjudicative hearing.
88 (1) (a) If, pursuant to Subsection 57-21-9(6) or (7)[
89 written determination [
91 de novo review of the determination by submitting a written request for a formal adjudicative
92 hearing to be conducted by the commission's Division of Adjudication in accordance with Title
93 34A, Chapter 1, Part 3, Adjudicative Proceedings, to the director within 30 days [
95 (b) If the director does not receive a timely request for review, the director's
96 determination becomes the final order of the commission and is not subject to further agency
97 action or direct judicial review.
98 (2) If a [
99 (a) any [
100 to have the de novo review take place in a civil action in the district court rather than in a
101 formal adjudicative hearing with the Division of Adjudication by filing an election with the
102 commission in accordance with rules established by the commission pursuant to Title 63G,
103 Chapter 3, Utah Administrative Rulemaking Act, regarding the form and time period for the
105 (b) the complainant shall file a complaint for review in the forum selected pursuant to
106 Subsection (2)(a) within 30 days after the completion of the forum selection process; and
107 (c) the commission shall determine whether the director's determination is supported
108 by substantial evidence.
109 (3) (a) [
111 representation on behalf of the aggrieved person, including the filing of a complaint for review
112 as required by Subsection (2)(b), to support and enforce the director's determination in the de
113 novo review proceeding, if:
114 (i) in accordance with Subsection 57-21-9(7)(b)(ii), the director issued a written
115 determination finding reasonable cause to believe that a discriminatory housing practice had
116 occurred, or was about to occur; and
117 (ii) under Subsection (2)(c), the commission determines that the director's
118 determination under 57-21-9(7)(b)(ii) is supported by substantial evidence.
119 (b) Notwithstanding [
120 Procedures Act, the commission's determination, under Subsection (2)(c), regarding the
121 existence or nonexistence of substantial evidence to support the director's determination is not
122 subject to further agency action or direct judicial review.
123 (4) Upon timely application, an aggrieved person may intervene with respect to the
124 issues to be determined in a formal adjudicative hearing or in a civil action brought under this
126 (5) If a formal adjudicative hearing is elected[
127 (a) [
128 150 days after the [
129 determination is filed, unless it is impracticable to do so[
130 (b) [
131 (i) in the formal adjudicative hearing, except as a witness[
133 (ii) in the deliberations of the presiding officer[
134 (c) [
135 Adjudication for review of the presiding officer's order in accordance with Section 63G-4-301
136 and Title 34A, Chapter 1, Part 3, Adjudicative Proceedings[
137 (d) [
138 as provided in Section 63G-4-403 and Title 34A, Chapter 1, Part 3, Adjudicative Proceedings.
139 (6) If a civil action is elected, the commission is barred from continuing or
140 commencing any adjudicative proceeding in connection with the same claims under this
142 (7) (a) The commission shall make final administrative disposition of the complaint
143 alleging a discriminatory housing practice within one year after the [
144 the complaint, unless it is impracticable to do so.
145 (b) If the commission is unable to make final administrative disposition within [
147 complainant, respondent, and any other interested party in writing of the reasons for the delay.