Macomb — Ch. 13 Housing § 13-118

(a) Notice of hearing. If conciliation efforts have not been successful and the investigator has determined that there is probable cause and after consulting and coordinating with the office of the city attorney, the chair of the commission shall cause to be issued and served in the name of the commission, a written notice, together with a copy of the complaint, as the complaint may have been amended, requiring the respondent to answer the charges of such complaint at a public hearing, such hearing to be scheduled not less than ten days and not more than 30 days after such service. The notice shall specify the time, date and place of such hearing. Notice shall be served by registered or certified mail, return receipt requested, or by personal service.
(b) Conduct of hearing.
(1) After a complaint has been noticed for hearing, the commission shall conduct the hearing to make a determination concerning the complaint. The chair of the commission shall preside over the hearing.
(2) The office of the city attorney shall assist the commission during all phases of the complaint process including public hearing.
(3) The complainant shall state their case, present testimony of any witnesses and present documents if desired. The respondent shall be given an opportunity to respond, present testimony of any witnesses and present documents if desired. Efforts at conciliation and reconciliation shall not be received into evidence. If the respondent fails to answer the complaint, the commission shall proceed on the basis of the evidence presented by the complainant in support of the complaint.
(4) The respondent may appear at the hearing with or without representation, may examine and cross examine the witnesses and the complainant, and may offer evidence.
(5) At the conclusion of any hearing, the commission shall render a decision as to whether or not the respondent has engaged in an unlawful practice or has otherwise violated the provisions of this article. No such decision by the commission shall be by a vote of less than a majority of its duly authorized members. If it is determined that a respondent has not engaged in an unlawful practice, the commission shall issue and cause to be served on the respondent and the complainant a decision and order dismissing the case. If it is determined that a respondent has engaged in an unlawful practice, the commission shall issue and cause to be served on such respondent a decision and order, accompanied by findings of fact and conclusions of law, requiring such respondent to cease and desist from such unlawful practice, and to take such action as in the judgment of the commission shall carry out the purposes of this article. Such action may include but shall not be limited to the following acts on behalf of the complainant and other aggrieved individuals: hiring, reinstating or upgrading, with or without back pay; restoring membership in any respondent labor organization; admitting to or allowing to participate in a program, apprenticeship training program, on-the-job training program or other occupational training or retraining program; the extension of full, equal and unsegregated accommodations, advantages, facilities and privileges; payment of compensatory damages; extending credit; referring for employment; selling, exchanging or leasing real property; or providing housing accommodations.
(6) Nothing in this article shall be construed as to permit back pay or compensatory damages to equal more than the actual monetary losses or costs incurred by the complainants as a result of the discrimination by the respondent.
(c) Subpoenas. The chair of the commission, or the acting chair in the absence of the chair, shall issue subpoenas at the request of the commission or the investigator, or at the request of a respondent or complainant to the proceedings, whenever necessary to compel the attendance of a witness or to require the production for examination of any books, payrolls, records, correspondence, documents, papers or other evidence in any investigation or hearing of a discrimination charge.