§ 42-44. Administrative hearings.

(a)

Notice of election. Within ten days of the administrator's receipt of a mediator's report indicating that a failure of the complainant and respondent to conciliate, the complainant may elect to have the complaint decided in an administrative hearing or in civil action in a court of law. The complainant shall give notice of doing so to the administrator and to the respondent to whom the charge relates.

(b)

Administrative panel. If a timely election is made under subsection (a) of this section for an administrative hearing, the administrator shall appoint a three-member panel to conduct an administrative hearing within 30 days of the request. The administrator shall appoint the panel members from a list of volunteers, which may include volunteers provided by the Palm Beach County Legal Aid Society, Inc. The panel shall not consist of any person having served as a mediator in the matter.

(c)

Administrative hearing. At the hearing, the complainant and respondent may appear, present evidence, cross examine witnesses, submit rebuttal evidence, and be represented by counsel. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. After considering the evidence, the administrative panel shall determine by a majority of the panel whether, by a preponderance of evidence, the respondent has engaged in an unlawful discriminatory practice of this article.

(d)

Administrative panel determination. If the administrative panel determines that the respondent has not engaged in an unlawful practice, the panel shall issue, and cause to be served on the respondent, complainant and administrator, a decision and order, accompanied by findings of fact and conclusions of law and any fine as provided in section 42-45.

(Code 1979, § 34-14)