344.625 Probable cause determination -- Issuance of charge.

360 words·~2 min read·/ky/chapter-344/344-625

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)The commission shall determine, based on the facts, whether probable cause exists

to believe that a discriminatory housing practice made unlawful under this chapter

has occurred or is about to occur.

(2)The commission shall make the determination under subsection

(1)of this section

not later than the one hundredth day after the date a complaint is filed unless:

(a)It is impracticable to make the determination; or

(b)The commission has approved a conciliation agreement relating to the

discriminatory housing complaint.

(3)If it is impracticable to make the determination within the time period provided by

subsection

(2)of this section, the commission shall notify the complainant and

respondent in writing of the reasons for the delay.

(4)If the commission determines that probable cause exists to believe that a

discriminatory housing practice has occurred or is about to occur, the commission

shall, except as provided in subsection

(6)of this section, immediately issue a

charge on behalf of the aggrieved person for further proceeding under KRS

344.635.

(5)The charge:

(a)Shall consist of a concise statement of the facts upon which the commission

has found probable cause to believe that a discriminatory housing practice has

occurred or is about to occur;

(b)Shall be based on the final investigative report; and

(c)Need not be limited to the facts or grounds alleged in the complaint filed

under KRS 344.600.

(6)If the commission determines that the matter involves the legality of any state or

local zoning or other land use law or ordinance, the commission shall follow the

procedures described in KRS 344.665.

(7)If the commission determines that no probable cause exists to believe that a

discriminatory housing practice has occurred or is about to occur, the commission

shall promptly dismiss the complaint. The commission shall make public disclosure

of each dismissal at the request of the respondent.

(8)The commission may not issue a charge under this section regarding an alleged

discriminatory housing practice after the beginning of the trial of a civil action

commenced by the aggrieved party under a federal or state law seeking relief with

respect to that discriminatory housing practice.