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House Study Bill 84

Bill Text

PAG LIN
  1  1    Section 1.  Section 216.5, subsection 13, Code 2001, is
  1  2 amended to read as follows:
  1  3    13.  To issue subpoenas and order discovery as provided by
  1  4 this section in aid of investigations and hearings of alleged
  1  5 unfair or discriminatory housing or real property practices.
  1  6 The subpoenas and discovery may be ordered to the same extent
  1  7 and are subject to the same limitations as subpoenas and
  1  8 discovery in a civil action in district court.
  1  9    Sec. 2.  Section 216.15, subsection 3, paragraph a, Code
  1 10 2001, is amended to read as follows:
  1 11    a.  After the filing of a verified complaint, a true copy
  1 12 shall be served within twenty days by certified mail on the
  1 13 person against whom the complaint is filed.  An authorized
  1 14 member of the commission staff shall make a prompt
  1 15 investigation and shall issue a recommendation to an
  1 16 administrative law judge employed either by the commission or
  1 17 by the division of administrative hearings created by section
  1 18 10A.801, who shall then issue a determination of probable
  1 19 cause or no probable cause.  Upon request of the commission,
  1 20 the attorney general may conduct any portion of an
  1 21 investigation.  
  1 22                           EXPLANATION
  1 23    This bill expands the investigative authority of the civil
  1 24 rights commission.  The bill gives the commission the
  1 25 authority to issue subpoenas and order discovery in any
  1 26 investigations involving unfair or discriminatory practices as
  1 27 specified in the Iowa civil rights Act.  Current law provides
  1 28 the commission this authority only in housing investigations.
  1 29    The bill further allows the attorney general to participate
  1 30 in any portion of an investigation when requested by the
  1 31 commission.  
  1 32 LSB 1148DP 79
  1 33 rh/cls/14
     

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