Ind. Admin. Code tit. 910, r. 2-6-6 – Issuance of charge

Sec. 6. (a) If a conciliation agreement under section 5(d) and 5(e) of this rule has not been executed by the complainant and the respondent, and approved by the ICRC, the director, within the time limits set forth in section 4(f) of this rule, shall determine whether, based on the totality of the factual circumstances known at the time of the decision, reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur. The reasonable cause determination shall be based solely on the facts concerning the alleged discriminatory housing practice provided by the complainant and respondent and otherwise disclosed during the investigation. In making the reasonable cause determination, the director shall consider whether the facts concerning the alleged discriminatory housing practices are sufficient to warrant the initiation of a civil action in state court.

(b) If the director determines that reasonable cause exists, the director shall immediately issue a charge under subsection (g) on behalf of the aggrieved person and shall notify the aggrieved person and the respondent of this determination by certified mail or personal service.

(1) Issue a short and plain written statement of the facts upon which the director has based the no reasonable cause determination.
(2) Dismiss the complaint.
(3) Notify the aggrieved person and the respondent of the dismissal (including the written statement of facts) by certified mail or personal service.

The fact of the dismissal, including the names of the parties, shall be public information available upon request.

(d) The director may not issue a charge under subsection (b)(1) regarding an alleged discriminatory housing practice if an aggrieved person has commenced a civil action under an act of Congress or a state law seeking relief with respect to the alleged discriminatory housing practice and the trial in the action has commenced. If a charge may not be issued because of the commencement of such a trial, the director will so notify the aggrieved person and the respondent by certified mail or personal service.

(e) The director shall make the reasonable cause determination after the ICRC forwards the matter for consideration. The director shall make a reasonable cause determination within one hundred (100) days after filing the complaint (or where the director has reactivated the complaint, within one hundred (100) days after service of the notice of reactivation under section 3(d) of this rule unless it is impracticable to do so).

(f) If the director is unable to make the determination within the one hundred (100) day period specified in subsection (e), the ICRC shall notify the aggrieved person and the respondent, by certified mail or personal service, of the reasons for the delay.

(g) Requirements for the issuance of charge shall be as follows:

(1) The following requirements apply to a charge:
1. (A) A charge shall consist of a short and plain written statement of the facts upon which the director has found reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur.
2. (B) A charge shall be based on the final investigative report.
3. (C) A charge need not be limited to facts or grounds that are alleged in the complaint filed under section 2 of this rule. If a charge is based on grounds that are alleged in the complaint, the ICRC will not issue a charge with regard to the grounds unless the record of the investigation demonstrates that the respondent has been given notice and an opportunity to respond to the allegation.
(2) Within three (3) business days after the issuance of the charge, the director shall do the following:
1. (A) Obtain a time and place for a hearing.
2. (B) File the charge along with the notifications described in 910 IAC 2-7-4(d) and 910 IAC 2-7-4(e).
3. (C) Serve the charge and notifications in accordance with 910 IAC 2-7-1(e).
4. (D) Notify the ICRC of the filing of the charge.

(h) The following apply to election of a civil action or provision of an administrative proceeding:

(1) If a charge is issued under subsection (g), a complainant (including the ICRC, if the ICRC filed the complaint), a respondent, or an aggrieved person on whose behalf the complaint is filed may elect, in lieu of an administrative proceeding under 910 IAC 2-7, to have the claims asserted in the charge decided in a civil action under IC 22-9.5-6-12.
(2) The election must be made not later than twenty (20) days after the receipt of service of the charge or, in the case of the ICRC, not later than twenty (20) days after service. The notice of the election must be filed with the docket clerk of the ICRC and serviced on the director, the respondent, and the aggrieved persons on whose behalf the complaint was filed. The notification shall be filed and served in accordance with 910 IAC 2-7.
(3) If an election is not made under this section, the director will maintain an administrative proceeding based on the charge in accordance with 910 IAC 2-7.

(Civil Rights Commission; 910 IAC 2-6-6; filed Aug 20, 1993, 5:00 p.m.: 17 IR 29; readopted filed Oct 25, 2001, 2:15 p.m.: 25 IR 942; readopted filed Oct 29, 2007, 2:55 p.m.: 20071128-IR-910070566RFA; readopted filed Nov 19, 2013, 9:07 a.m.: 20131218-IR-910130454RFA; readopted filed Sep 27, 2019, 2:32 p.m.: 20191030-IR-910190407RFA)