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Formal Hearing
At a formal hearing, the proceedings are conducted by three of the Commission's Commissioners. All parties are allowed to present testimony and cross examine witnesses. Testimony is taken under oath and the proceedings are recorded.
Following a formal hearing, the Commission issues a determination based on evidence revealed at the hearing. This finding may be one of the following:
- No Probable Cause to believe that the Respondent engaged in an unlawful discriminatory practice. The case is closed.
- An Order After Hearing may be issued requiring the Respondent to discontinue the unlawful discriminatory practice and to take whatever action is required to correct the unlawful practice.
The Commission may at its discretion, monitor compliance with the Conciliation Agreement or the Order After Hearing for a period of one year after the effective date.
The Commission may at its discretion elect to accept a formal complaint under the aegis of New York State Division of Human Rights where the two agencies have concurrent jurisdiction. If a complaint is accepted under the New York State jurisdiction, the Nassau County Commission on Human Rights will:
- Accept a notarized complaint on New York State Division of Human Rights form.
- Submit an interrogatory to the Respondent.
- Review data received from Respondent with the Complainant.
- Attempt to resolve the complaint informally before proceeding to a conference.
- Convene a one party conference.
- Convene a two party conference at which the Complainant and the Respondent present their evidence.
- Analyze the data received at the conference and in the record and forward the case to the New York State Division of Human Rights for a determination.
It is the policy of the Commission to process cases as expeditiously as possible. However, the amount of time required to complete the Commission's procedures varies according to the complexity of the case and the number of cases pending with the Commission at a particular time.
The Commission accepts informal complaints by letter, telephone, or in person. The Commission's office is open from 9:00 AM - 4:45 PM, Monday through Friday.