Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 2 - Procedural Regulations › Section 8 CSR 60-2.210 - Orders

Current through Register Vol. 49, No. 14, July 15, 2024
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
				60-2.025 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.