Orders

PURPOSE: This rule establishes the content, issuance, service, and filing of orders. (1) An order of a hearing panel issued after hearing shall set forth the findings of fact, conclusions of law, and final decision and order. (2) If, upon all the evidence, the hearing panel shall find that a respondent has not engaged in any unlawful discriminatory practices, the hearing panel shall state its findings of fact and shall issue and cause to be served on the complainant and respondent an order dismissing the complaint as to the respondent. (3) If, upon all the evidence of a complaint alleging a violation of section 213.070, RSMo, as it relates to or involves alleged violations of section 213.040, 213.045, or 213.050, RSMo, or as it relates to or involves the alleged encouraging, aiding, or abetting the violations of these sections and for complaints alleging violations of section 213.040, 213.045, or 213.050, RSMo, the hearing panel finds that a respondent has engaged, or is about to engage in any unlawful discriminatory practices, the hearing panel shall state its findings of fact and conclusions of law and shall issue and cause to be served on the complainant and respondent an order for relief as may be appropriate. The relief may include, but is not limited to, the following: (A) The hearing panel may order the respondent to pay damages to the aggrieved person (including damages caused by deprivation of civil rights, emotional distress, and humiliation). No order shall affect any contract, sale, encumbrance, or lease consummated before the issuance of the decision that involved a bona fide purchaser, encumbrancer, or tenant without actual knowledge of the complaint issued under 8 CSR 602.025 and section 213.075, RSMo; and (B) The hearing panel may assess a civil penalty against the respondent to vindicate the public interest. 1. The amount of the civil penalty may not exceed— A. Two thousand dollars ($2,000), if the respondent has not been adjudged to have committed any prior discriminatory housing practice in any administrative hearing or civil action permitted under Chapter 213, RSMo, or Title VIII of the Civil Rights Act of 1968; B. Five thousand dollars ($5,000), if the respondent has been adjudged to have committed one (1) other discriminatory housing practice in any administrative hearing or civil action permitted under Chapter 213, RSMo, or Title VIII of the Civil Rights Act of 1968 and the adjudication was made during the five (5)-year period preceding the date of filing of the complaint; or C. Ten thousand dollars ($10,000), if the respondent has been adjudged to have committed two (2) or more discriminatory housing practices in any administrative hearings or civil actions permitted under Chapter 213, RSMo, and Title VIII of the Civil Rights Act of 1968 and the adjudications were made during the seven (7)-year period preceding the date of the filing of the complaint. 2. If the acts constituting the discriminatory housing practice that are the subject of the complaint were committed by the same natural person who has previously been adjudged in any administrative proceedings or civil action to have committed acts constituting a discriminatory housing practice, the time periods set forth in subparagraphs (4)(B)1.B. and C. do not apply. 3. In a proceeding involving two (2) or more respondents, the hearing panel may assess a civil penalty as provided under subsection (3)(C) against each respondent that the hearing panel determines has been engaged or is about to engage in a discriminatory housing practice. (4) If, upon all the evidence in a complaint alleging violations of section 213.070, RSMo, as it relates to or involves alleged violations of section 213.040, 213.045, or 213.050, RSMo, or as it relates to or involves the alleged encouraging, aiding, or abetting the violation of these sections and for complaints alleging violation of section 213.040, 213.045, or 213.050, RSMo, the hearing panel finds that a respondent has not engaged, or is not about to engage, in any unlawful discriminatory practice, the hearing panel shall state its findings of fact and conclusions of law and shall issue and cause to be served on the complainant and respondent an order dismissing the complaint as to the respondent. (5) Copies of orders shall be mailed to the complainant, respondent, and all intervenors or their attorneys, accompanied by a notice of the statutory right of judicial review. AUTHORITY: sections 213.030, 213.075, and 213.085, RSMo 2000.* Original rule filed April 15, 1988, effective July 11, 1988. Amended: Filed Dec. 2, 1992, effective June 7, 1993. Amended: Filed March 16, 2009, effective Sept. 30, 2009. *Original authority: 213.030, RSMo 1959, amended 1978, 1986, 1992, 1998; 213.075, RSMo 1986, amended 1992; and 213.085, RSMo 1986, amended 1992.