Utah Code 57-21-9. Procedure for an aggrieved person to file a complaint — Conciliation — Investigation — Determination
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(1) An aggrieved person may file a written verified complaint with the division within 180 days after the day on which an alleged discriminatory housing practice occurs.
Terms Used In Utah Code 57-21-9
- Aggrieved person: includes a person who:(2)(a) claims to have been injured by a discriminatory housing practice; or(2)(b) believes that the person will be injured by a discriminatory housing practice that is about to occur. See Utah Code 57-21-2
- Allegation: something that someone says happened.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Commission: means the Labor Commission. See Utah Code 57-21-2
- Complainant: means an aggrieved person, including the director, who has commenced a complaint with the division. See Utah Code 57-21-2
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conciliation: means the attempted resolution of an issue raised in a complaint of discriminatory housing practices by the investigation of the complaint through informal negotiations involving the complainant, the respondent, and the division. See Utah Code 57-21-2
- Conciliation agreement: means a written agreement setting forth the resolution of the issues in conciliation. See Utah Code 57-21-2
- Conciliation conference: means the attempted resolution of an issue raised in a complaint or by the investigation of a complaint through informal negotiations involving the complainant, the respondent, and the division. See Utah Code 57-21-2
- Director: means the director of the division or a designee. See Utah Code 57-21-2
- Discriminatory housing practice: means an act that is unlawful under this chapter. See Utah Code 57-21-2
- Division: means the Division of Antidiscrimination and Labor established under the commission. See Utah Code 57-21-2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Respondent: means a person against whom a complaint of housing discrimination has been initiated. See Utah Code 57-21-2
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(2)(2)(a) The commission shall adopt rules consistent with 24 C.F.R. § 115.3 (1990), relating to procedures under related federal law, to govern:(2)(a)(i) the form of the complaint;(2)(a)(ii) the form of any answer to the complaint;(2)(a)(iii) procedures for filing or amending a complaint or answer; and(2)(a)(iv) the form of notice to a party accused of the act or omission giving rise to the complaint.(2)(b) The commission may, by rule, prescribe any other procedure pertaining to the division’s processing of the complaint.(3) During the period beginning with the filing of the complaint and ending with the director‘s determination, the division shall, to the extent feasible, engage in conciliation with respect to the complaint.(4)(4)(a) The division shall commence proceedings to investigate and conciliate a complaint alleging a discriminatory housing practice within 30 days after the day on which the complainant files the complaint.(4)(b) After the commencement of an investigation, any party may request that the commission review the proceedings to ensure compliance with the requirements of this chapter.(5)(5)(a) The division shall complete the investigation within 100 days after the day on which the complainant files the complaint, unless it is impracticable to do so.(5)(b) If the division is unable to complete the investigation within 100 days after the day on which the complainant files the complaint, the division shall notify the complainant and respondent in writing of the reasons for the delay.(6) If, as a result of the division’s investigation, the director determines that there is no reasonable cause to support an allegation in the complaint, the director shall issue a written determination dismissing the complaint.(7) If, as a result of the division’s investigation of a complaint, the director determines that there is reasonable cause to support an allegation in the complaint:(7)(a)(7)(a)(i) the division shall informally endeavor to eliminate or correct the discriminatory housing practice through a conciliation conference between the parties, presided over by the division; and(7)(a)(ii) nothing said or done in the course of a conciliation conference described in Subsection (7)(a)(i) may be made public or admitted as evidence in a subsequent proceeding under this chapter without the written consent of the parties concerned; and(7)(b)(7)(b)(i) if the conciliation conference described in Subsection (7)(a) results in voluntary compliance with this chapter:(7)(b)(i)(A) the parties shall execute a conciliation agreement, approved by the division, setting forth the resolution of the issues; and(7)(b)(i)(B) the parties or the division may enforce the conciliation agreement in an action filed in a court of competent jurisdiction; or(7)(b)(ii) if the division is unable to obtain a conciliation agreement, the director shall issue a written determination stating the director’s findings and ordering appropriate relief under Section 57-21-11.