§ 97.06. CIVIL ENFORCEMENT PROCEDURE.

Civil enforcement procedures shall be prosecuted by the HRA Executive Director before the HRA Board of Commissioners in the following manner.

(A) The HRA Executive Director shall serve upon the respondent by certified mail a complaint, signed by him or her, which shall set forth a clear and concise statement of the facts constituting the violation, set a time and place for hearing, and advise the respondent of his or her right to file an answer to appear in person or by an attorney and to examine and cross-examine witnesses.

(B) The hearing shall not be less than 20 days after service of the complaint. At any time prior to the hearing the respondent may file an answer. Facts not denied by answer shall be deemed admitted. If the answer sets out new matter, it shall be deemed denied by the Executive Director.

(C) The complaint or answer may be amended at any given time prior to the hearing with the consent of the opposing party.

(D) Hearings shall be before the HRA Board of Commissioners.

(E) The HRA Executive Director may obtain subpoenas from the District Court to compel the attendance of witnesses and the production of documents at any hearing.

(F) If, after hearing, the panel shall conclude that a violation has occurred, it shall prepare an order which may contain any provision deemed desirable to do justice to the complainant or to prevent further violations. It may include provisions which require the respondent to rent, sell or lease particular housing to the complainant or to do any other thing as may be just.

(G) The panel’s findings of fact and order shall be served on the respondent and each member of the HRA Board of Commissioners (herewith referred to as the HRA Board) by mail shall become the findings and order of the HRA Board unless, within 10 days after mailing of the findings and order, the HRA Board shall revoke or amend the order, but any order of a panel may be modified by the HRA Board at any time.