5.1 If the Director, after conducting an investigation of a complaint filed with the Office of Human Rights, makes a Reasonable Grounds Determination, and if the Director is unable to conciliate the complaint as provided in the statute, the Director must certify the complaint to the Commission for a hearing.
5.2 The Commission must assign a case to a Case Review Board appointed under Section 3.2 of these Regulations whenever the Director certifies to the Commission that there is a need for a hearing pursuant to Section 5.1. The Case Review Board must refer the matter to a hearing examiner for a hearing, unless a majority of that Case Review Board votes to conduct the hearing.
5.3 A hearing before the hearing examiner or before the designated Case Review Board must be conducted according to Sections 2A-1 to 2A-11 of the Code, the statute and these Regulations.
5.4 If the hearing is conducted by a hearing examiner, the hearing examiner must forward a recommended decision to the Case Review Board.
5.5 Within 45 days after the hearing examiner has forwarded the recommended decision to the Case Review Board, either party may request that the parties be permitted to present oral argument before the Board, and either party may file a written brief with the Case Review Board urging the Board to adopt, reverse, modify or remand the hearing examiner’s recommended decision. If the Case Review Board grants the request to present oral argument, the Board must establish a schedule for oral argument. All briefs must be limited to 25 double spaced pages, except that any reply briefs must be limited to 10 double spaced pages.
5.5.1 Upon written request and for good cause shown, the Case Review Board may extend the deadlines and/or the page limitations specified in Section 5.5.
5.6 A Case Review Board must render a decision within 45 days after the last of the following occurrences: (a) receipt of the hearing examiner’s recommendation, (b) receipt of briefs if any are to be filed, or (c) oral argument, if scheduled. However, a Case Review Board may, on its own motion, extend the time for issuing a decision upon written notification to all parties. A Case Review Board may remand the hearing examiner’s recommended decision for further proceedings, or may adopt, reverse, or modify the hearing examiner’s recommended decision as its final order.
5.7 If a majority of a Case Review Board votes to conduct a hearing before the Board, rather than before a hearing examiner, the decision issued by the Board after the hearing, shall be final, and will not be subject to further review by the Commission.
5.8 Any party aggrieved by a final decision of a Case Review Board following a hearing shall have the right to seek appellate review in the Courts as provided in the statute.
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