Iowa Admin. Code r. 161—9 § 161—9.5

9.5(1) Time limitation of rule. This rule applies only to alleged discriminatory housing or real estate
practices occurring after July 1, 1991.
9.5(2) Time limit for administrative complaint. A complaint which alleges a discriminatory housing or
real estate practice is governed by the 300-day time limit provided in 2009 Iowa Code Supplement section
216.15(13).
9.5(3) Processing of complaint.
a. Service. Upon the filing of a complaint:
(1) The commission shall, not later than ten days after such filing or the identification of an additional
respondent under 9.5(3)“d,” serve on the respondent a notice identifying the alleged discriminatory
housing practice and advising the respondent of the procedural rights and obligations of respondents under
the applicable sections of Iowa Code chapter 216, together with a copy of the original complaint; and
(2) Each respondent may file, not later than ten days after receipt of notice from the commission, an
answer to the complaint.
(3) The commission shall, not later than ten days after the filing of a complaint, serve the complainant
a notice acknowledging receipt of the complaint and advising the complainant of the time limits and choice
of forums provided under Iowa Code chapter 216.

b. Timely investigation. The commission will begin the investigation within 30 days of filing. If the
commission is unable to complete the investigation within 100 days after the filing of the complaint, the
commission shall notify the complainant and respondent in writing of the reasons for not doing so.
c. Amendments. Complaints and answers shall be under oath or affirmation and may be reasonably
and fairly amended at any time.
d. Additional respondents.
(1) A person who is not named as a respondent in a complaint, but who is identified as a respondent in
the course of investigation, may be joined as an additional or substitute respondent upon written notice,
under 9.5(3)“a,” to such person from the commission.
(2) Such notice, in addition to meeting the requirements of 9.5(3)“a,” shall explain the basis for the
commission’s belief that the person to whom the notice is addressed is properly joined as respondent.
e. Closure within one year. Within one year of the date of receipt of a complaint alleging a
discriminatory housing or real estate practice, the commission shall take final administrative action with
respect to that complaint unless it is impracticable to do so. If the commission is unable to make final
disposition of the case within the one-year period, the commission shall notify the complainant and
respondent in writing of the reasons for not doing so.
9.5(4) Probable cause determination.
a. Final investigative report. After the completion of the commission’s investigation, the investigator
shall prepare a final investigative report. This final investigative report shall include:
(1) The names and dates of contacts with witnesses excepting those witnesses who request to remain
anonymous. The commission, however, may be required to disclose the names of such witnesses in the
course of an administrative hearing or a civil action conducted pursuant to the Iowa civil rights Act;
(2) A summary and the dates of correspondence and other contacts with the aggrieved person and the
respondent;
(3) A summary description of other pertinent records;
(4) A summary of witness statements; and
(5) Answers to interrogatories.
b. Determination procedure. If, after the completion of investigation, a mediation agreement under
Iowa Code section 216.15A(2)“a” to “e” has not been executed by the complainant and the respondent
and approved by the commission, the commission shall conduct a review of the factual circumstances
revealed as part of the investigation.
(1) If the commission determines that, based on the totality of the factual circumstances known at the
time of the commission’s review, no probable cause exists to believe that a discriminatory housing practice
has occurred or is about to occur, the commission shall: issue a short and plain written statement of the
facts upon which the no probable cause determination was based; dismiss the complaint; notify the
aggrieved person(s) and the respondent(s) of the dismissal (including the written statement of facts) by
regular or certified mail or personal service; and make public disclosure of the dismissal.
Respondent(s) may request that no public disclosure be made. Notwithstanding such request, the fact of
dismissal, including the names of the parties, shall be public information available on request.
The commission’s determination shall be based solely on the facts concerning the alleged
discriminatory housing practice provided by complainant and respondent(s) and otherwise disclosed during
the investigation.
(2) If the commission believes that probable cause may exist to believe that a discriminatory housing
practice has occurred or is about to occur, the commission shall forward the matter to the executive director
or designee for consideration. In all such cases the executive director or designee shall determine, with
advice from the office of the attorney general, whether, based on the totality of the factual circumstances
known at the time of the decision, probable cause exists to believe that a discriminatory housing practice
has occurred or is about to occur. The determination shall be based solely on the facts concerning the
alleged discriminatory housing practice provided by complainant and respondent and otherwise disclosed
during the investigation.
c. Determination of probable cause. A determination of probable cause shall be followed by the
issuance of a probable cause order. A probable cause order:

(1) Shall consist of a short and plain written statement of the facts upon which the commission has
found probable cause to believe that a discriminatory housing practice has occurred or is about to occur;
(2) Shall be based on the final investigative report; and
(3) Need not be limited to facts or grounds that are alleged in the complaint. If the probable cause
order is based on grounds that are alleged in the complaint, the commission will not issue the probable
cause order with regard to those grounds unless the record of the investigation demonstrates that the
respondent has been given an opportunity to respond to the allegation.
d. Timely determination. The commission shall make the probable cause determination within 100
days after the filing of the complaint unless it is impracticable to do so. If the commission is unable to
make the determination within this 100-day period, the commission will notify the aggrieved person and
the respondent by regular mail or personal service of the reasons for the delay.
e. Effect of probable cause determination. A finding of probable cause regarding a complaint
alleging a discriminatory housing or real estate practice commences the running of the period during which
an aggrieved person on whose behalf a complaint was filed, a complainant, or a respondent may, pursuant
to Iowa Code section 216.16(1), elect to have the charges asserted in the complaint decided in a civil action
in district court. If an election is made, the commission shall authorize the attorney general to file a civil
action on behalf of the aggrieved person seeking relief. If no election is made, then the commission must
schedule a hearing on the charges in the complaint.
f. Effect of no probable cause determination. A finding of “no probable cause” regarding a complaint
alleging a discriminatory housing or real estate practice results in prompt dismissal of the complaint. If the
finding is not reconsidered, the commission may take no further action to process that complaint except as
may be necessary to carry out the commission’s administrative functions.
g. Standard. The standard to determine whether a complaint alleging a discriminatory housing or real
estate practice is supported by probable cause shall include consideration of whether the facts are sufficient
to warrant initiation of litigation against the respondent.
9.5(5) Hearing.
a. Conduct. A contested case hearing regarding a complaint alleging a discriminatory housing or real
estate practice is conducted on the same terms and in the same manner as any other contested case hearing
conducted by the commission.
b. Hearing time frames.
(1) Trial date. The administrative law judge shall commence the hearing regarding a complaint
alleging a discriminatory housing or real estate practice no later than 120 days following the issuance of the
finding of probable cause, unless it is impracticable to do so. If the administrative law judge is unable to
commence the hearing within 120 days after the issuance of the probable cause order, the administrative
law judge shall notify the executive director, the aggrieved person on whose behalf the charge was filed,
and the respondent, in writing, of the reasons for not doing so.
(2) Decision date. The administrative law judge shall make findings of fact and conclusions of law
within 60 days after the end of the hearing regarding a complaint alleging a discriminatory housing or real
estate practice unless it is impracticable to do so. If the administrative law judge is unable to make findings
of fact and conclusions of law within this period, or any succeeding 60-day period thereafter, the
administrative law judge shall notify the executive director, the aggrieved person on whose behalf the
charge was filed, and the respondent, in writing, of the reasons for not doing so.
9.5(6) Access to file information in housing cases.
a. Nothing that is said or done in the course of mediation of a complaint of housing or real estate
discrimination may be made public or used as evidence in a subsequent administrative hearing under
subrule 9.5(5) or in civil actions under Iowa Code chapter 216, without the written consent of the persons
concerned.
b. Notwithstanding the prohibitions and requirements with respect to disclosure of information
contained in paragraph 9.5(6)“a” the commission will make information derived from an investigation,
including the final investigative report, available to the aggrieved person and the respondent. Following
completion of the investigation, the commission shall notify the aggrieved person and the respondent that
the final investigative report is complete and will be provided upon request.

c. Where the commission has made a finding of no probable cause regarding a complaint alleging a
discriminatory housing or real estate practice, the aggrieved person and the respondent may obtain
information derived from the investigation and the final investigative report. Provided, however, that the
phrase “information derived from the investigation” as used in this rule and in Iowa Code section
216.15A(2)“f” shall not include the contents of statements by witnesses other than the complainant or
respondent.
d. Prior to a finding of either probable cause or no probable cause regarding a complaint alleging a
discriminatory housing or real estate practice no access may be had to the information contained within the
commission investigatory file except that:
(1) Any witness may request a copy of the witness’s own statement made to the commission as part of
the commission’s investigation of the complaint,
(2) Any person may request copies of any information that that person sent to the commission in the
course of processing the complaint,
(3) Any person may request copies of any information that the commission had previously sent to that
person in the course of processing the complaint.