Civil rights commission; powers and duties
Sec. 6. (a) The commission shall establish and maintain a
permanent office in the city of Indianapolis.
(b) The commission may appoint such attorneys and other
employees and agents as it considers necessary, fix their
compensation within the limitation provided by law, and prescribe
their duties. All these employees, with the exception of the executive
director and attorneys, shall be appointed by the commission from
eligible lists to be promulgated by the department of personnel as the
result of a competitive examination held under IC 4-15-2 and rules
of the department and on the basis of training, practical experience,
education, and character. However, special consideration and due
weight shall be given to the practical experience and training that a
person may have for the particular position involved regardless of his
academic training. Promotions, suspensions, and removal of persons
appointed from such lists shall be in accordance with IC 4-15-2. The
reasonable and necessary traveling expenses of each employee of the
commission while actually engaged in the performance of duties in
behalf of the commission shall be paid in accordance with the state
travel policies and procedures established by the Indiana department
of administration and approved by the budget agency.
(c) Except as it concerns judicial review, the commission may
adopt rules under IC 4-22-2 to implement this chapter.
(d) The commission shall formulate policies to effectuate the
purposes of this chapter and make recommendations to agencies and
officers of the state or local subdivisions thereof to effectuate such
policies. The several departments, commissions, divisions,
authorities, boards, bureaus, agencies, and officers of the state or any
political subdivision or agency thereof shall furnish the commission,
upon its request, all records, papers, and information in their
possession relating to any matter before the commission.
(e) The commission shall receive and investigate complaints
alleging discriminatory practices. The commission shall not hold
hearings in the absence of a complaint. All investigations of
complaints shall be conducted by staff members of the civil rights
commission or their agents.
(f) The commission may create such advisory agencies and
conciliation councils, local or statewide, as will aid in effectuating
the purposes of this chapter. The commission may itself, or it may
empower these agencies and councils to:
(1) study the problems of discrimination in the areas covered by
section 2 of this chapter when based on race, religion, color,
sex, handicap, national origin, or ancestry; and
(2) foster through community effort, or otherwise, good will
among the groups and elements of the population of the state.
These agencies and councils may make recommendation to the
commission for the development of policies and procedures in
general. Advisory agencies and conciliation councils created by the
commission shall be composed of representative citizens serving
without pay, but with reimbursement for reasonable and necessary
actual expenses.
(g) The commission may issue such publications and such results
of investigations and research as in its judgment will tend to promote
good will and minimize or eliminate discrimination because of race,
religion, color, sex, handicap, national origin, or ancestry.
(h) The commission shall prevent any person from discharging,
expelling, or otherwise discriminating against any other person
because he filed a complaint, testified in any hearing before this
commission, or in any way assisted the commission in any matter
under its investigation.
(i) The commission may hold hearings, subpoena witnesses,
compel their attendance, administer oaths, take the testimony of any
person under oath, and require the production for examination of any
books and papers relating to any matter under investigation or in
question before the commission. The commission may make rules as
to the issuance of subpoenas by individual commissioners.
Contumacy or refusal to obey a subpoena issued under this section
shall constitute a contempt. All hearings shall be held within Indiana
at a location determined by the commission. A citation of contempt
may be issued upon application by the commission to the circuit or
superior court in the county in which the hearing is held or in which
the witness resides or transacts business.
(j) The commission may appoint administrative law judges other
than commissioners, when an appointment is deemed necessary by
a majority of the commission. The administrative law judges shall be
members in good standing before the bar of Indiana and shall be
appointed by the chairman of the commission. An administrative law
judge appointed under this subsection shall have the same powers
and duties as a commissioner sitting as an administrative law judge.
However, the administrative law judge may not issue subpoenas.
(k) The commission shall state its findings of fact after a hearing
and, if the commission finds a person has engaged in an unlawful
discriminatory practice, shall cause to be served on this person an
order requiring the person to cease and desist from the unlawful
discriminatory practice and requiring the person to take further
affirmative action as will effectuate the purposes of this chapter,
including but not limited to the power:
(A) to restore complainant's losses incurred as a result of
discriminatory treatment, as the commission may deem
necessary to assure justice; however, this specific provision
when applied to orders pertaining to employment shall include
only wages, salary, or commissions;
(B) to require the posting of notice setting forth the public
policy of Indiana concerning civil rights and respondent's
compliance with the policy in places of public accommodations;
(C) to require proof of compliance to be filed by respondent at
periodic intervals; and
(D) to require a person who has been found to be in violation of
this chapter and who is licensed by a state agency authorized to
grant a license to show cause to the licensing agency why his
license should not be revoked or suspended.
(l) Judicial review of a cease and desist order or other affirmative
action as referred to in this chapter may be obtained under IC 22-9-8.
If no proceeding to obtain judicial review is instituted within thirty
(30) days from receipt of notice by a person that an order has been
made by the commission, the commission, if it determines that the
person upon whom the cease and desist order has been served is not
complying or is making no effort to comply, may obtain a decree of
a court for the enforcement of the order in circuit or superior court
upon showing that the person is subject to the commission's
jurisdiction and resides or transacts business within the county in
which the petition for enforcement is brought.
(m) If, upon all the evidence, the commission shall find that a
person has not engaged in any unlawful practice or violation of this
chapter, the commission shall state its findings of facts and shall
issue and cause to be served on the complainant an order dismissing
the complaint as to the person.
(n) The commission may furnish technical assistance requested by
persons subject to this chapter to further compliance with this
chapter or with an order issued thereunder.
(o) The commission shall promote the creation of local civil rights
agencies to cooperate with individuals, neighborhood associations,
and state, local, and other agencies, both public and private,
including agencies of the federal government and of other states.
(p) The commission may reduce the terms of conciliation agreed
to by the parties to writing (to be called a consent agreement) that the
parties and a majority of the commissioners shall sign. When signed,
the consent agreement shall have the same effect as a cease and
desist order issued under subsection (k). If the commission
determines that a party to the consent agreement is not complying
with it, the commission may obtain enforcement of the consent
agreement in a circuit or superior court upon showing that the party
is not complying with the consent agreement and the party is subject
to the commission's jurisdiction and resides or transacts business
within the county in which the petition for enforcement is brought.
(q) In lieu of investigating a complaint and holding a hearing
under this section, the commission may issue an order based on
findings and determinations by the federal Department of Housing
and Urban Development or the federal Equal Employment
Opportunity Commission concerning a complaint that has been filed
with one (1) of these federal agencies and with the commission. The
commission shall adopt by rule standards under which the
commission may issue such an order.
(r) Upon notice that a complaint is the subject of an action in a
federal court, the commission shall immediately cease investigation
of the complaint and may not conduct hearings or issue findings of
fact or orders concerning that complaint.
(Formerly: Acts 1961, c.208, s.6; Acts 1963, c.173, s.5; Acts 1965,
c.214, s.2; Acts 1967, c.276, s.3; Acts 1969, c.298, s.4; Acts 1971,
P.L.357, SEC.6; Acts 1974, P.L.111, SEC.2; Acts 1975, P.L.256,
SEC.3.) As amended by Acts 1978, P.L.6, SEC.33; Acts 1979, P.L.31,
SEC.13; P.L.37-1985, SEC.45; P.L.7-1987, SEC.100; P.L.111-1992,
SEC.2; P.L.1-1993, SEC.187; P.L.23-1993, SEC.132; P.L.203-1993,
SEC.2; P.L.14-1994, SEC.3; P.L.1-1994, SEC.115; P.L.2-1995,
SEC.84.
Last modified: May 27, 2006