Mount Carmel — Ch. 8½ Discrimination § 8½-45
Hearing
Operative Text
(a) Generally. (1) When held. The commission shall hold a hearing on the matter complained of within 20 days after: a. The violation of any consent agreement; or b. The expiration of the period for informal conciliation unless a consent agreement has been reached; or c. Any date on which the commission determines that informal conciliation will not be successful and so notifies the parties in writing; or d. Or when in receipt of any written complaint requesting a hearing, whichever occurs first. (2) Notice. The commission shall cause written notice to be sent to an involved parties by registered mail at their last known address not later than ten days prior to the hearing. Said notice shall specify the time, date, place and purpose of the hearing. (3) Powers, procedures. The hearing shall normally be open to the public; but in particularly sensitive cases, the commission may hold a private hearing. The hearing shall be conducted in a fair and impartial manner, but strict court room rules of evidence and procedures need not be observed. The commission may subpoena witnesses and pertinent documents, administer oaths, and take sworn testimony. The parties may appear with legal counsel, give testimony, present other evidence and call and cross-examine witnesses. The commission may appoint the city attorney to represent any indigent party. All testimony shall be given under oath. (4) Records. The commission shall keep a full record of the hearing. The record shall be open to inspection by any person. Copies thereof shall be furnished at cost to the parties upon request. (b) Decision. Not later than ten days after the hearing, the commission shall issue a written decision including findings of fact based upon the evidence presented at the hearing. Copies of the commission's decision and orders shall be promptly sent by registered mail to the parties involved. (1) If no violation. If the commission determines that the respondent has not violated this article and that a violation by the respondent is not imminent, it shall dismiss the complaint. (2) If violation. If the commission finds that the respondent has violated any provision of this article, it shall assess a penalty in accordance with section 8 ½-48. Moreover, whether a violation has actually occurred or is merely imminent, the commission shall issue a cease and desist order tailored to correct the problem. The commission also may require the respondent to take such affirmative action as it deems necessary and proper to effectuate the policy this article is intended to implement. Furthermore, the commission may: a. In the case of a real estate broker or salesman, refer said person to the Illinois Department of Registration and Education and seek revocation or suspension of his license; and b. In cases involving contracts with the state or federal government, seek to have said contract terminated or otherwise affected.
Mount Carmel Ch. 8½ Discrimination § 8½-45 establishes the formal hearing process that the commission follows after a discrimination complaint cannot be resolved through informal conciliation, after a consent agreement is violated, or upon written request. Hearings are generally open to the public, conducted fairly, and include the right of all parties to present evidence, call witnesses, and appear with legal counsel. Within ten days of the hearing, the commission issues a written decision; if a violation is found, penalties are assessed under § 8½-48 and a cease-and-desist order is issued, with possible additional referrals to state licensing authorities or contract-termination proceedings.
Plain English — not legal advice.
Property owners and managers subject to a complaint under Ch. 8½ Discrimination § 8½-45 should be aware that the commission is required to provide at least ten days' written notice by registered mail before any scheduled hearing. Compliant operators typically ensure their last known address on file is current so that notices are received, and they arrange for legal representation well in advance of the hearing date. If the commission finds a violation, outcomes can include financial penalties under § 8½-48, a cease-and-desist order, required affirmative action, and—for licensed real estate professionals—a referral to the Illinois Department of Registration and Education for potential license action.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Ch. 8½ Discrimination § 8½-45, tenants who have filed a discrimination complaint have the right to participate fully in the formal hearing process, including presenting evidence, calling witnesses, and appearing with legal counsel. The commission is required to send hearing notices by registered mail at least ten days in advance, and all hearing records are open to public inspection, with copies available upon request. Tenants who cannot afford legal representation may ask the commission about the appointment of the city attorney for indigent parties, and tenant-rights organizations can help explain the range of remedies—such as cease-and-desist orders and penalties under § 8½-48—that may be available if a violation is found.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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