(3) The complaint may be resolved at any time before a hearing by conference, conciliation and persuasion with the complainant and the respondent, such resolution to be embodied in a conciliation agreement, which shall include an agreement by the respondent to refrain from committing unlawful discriminatory practices in the future, and which may contain such further provisions as are agreed upon by the complainant and the respondent. No conciliation agreement shall be deemed considered an effective resolution by the Commission unless the supervisory commission member employee or agent shall have reviewed and approved the terms thereof of the agreement. Positions taken by a witness in connection with such efforts toward conciliation shall not be made public or used against the interest of the witness in a subsequent proceeding. (4) In undertaking its investigation of a complaint, the Commission shall have the authority division may : (i) To issue a subpoena or subpoena duces tecum and thereby compel attendance of witnesses or production for examination of books, papers, and records, whenever it is deemed necessary to compel the attendance of witnesses, or the production for examination of any books, payrolls, personnel records, correspondence, documents, papers or any other evidence relating to any matter under investigation or in question before the Commission division. The power may be exercised only by the joint action by the Chairman of the Commission and the Commissioner. director, with the approval of the Secretary of State; (ii) To require any party or witness to answer interrogatories at any time after the complaint is filed.; (iii) To take depositions of witnesses including any party pursuant to a complaint or investigation made by the Commission. division; (iv) Pursuant to subitems (i), (ii), (iii), above, if a person fails to permit access, fails to comply with a subpoena, refuses to have his or her deposition taken, refuses to answer interrogatories, or otherwise refuses to allow discovery, the Commission may request an order of a court of competent jurisdiction requiring discovery and other related good faith compliance if, pursuant to subitems (i), (ii), (iii), above, a person fails to permit access, fails to comply with a subpoena, refuses to have his or her deposition taken, refuses to answer interrogatories, or otherwise refuses to allow discovery.
(3) The complaint may be resolved at any time before a hearing by conference, conciliation and persuasion with the complainant and the respondent, such resolution to be embodied in a conciliation agreement, which shall include an agreement by the respondent to refrain from committing unlawful discriminatory practices in the future, and which may contain such further provisions as are agreed upon by the complainant and the respondent. No conciliation agreement shall be deemed considered an effective resolution by the Commission unless the supervisory commission member employee or agent shall have reviewed and approved the terms thereof of the agreement. Positions taken by a witness in connection with such efforts toward conciliation shall not be made public or used against the interest of the witness in a subsequent proceeding. (4) In undertaking its investigation of a complaint, the Commission shall have the authority division may : (i) To issue a subpoena or subpoena duces tecum and thereby compel attendance of witnesses or production for examination of books, papers, and records, whenever it is deemed necessary to compel the attendance of witnesses, or the production for examination of any books, payrolls, personnel records, correspondence, documents, papers or any other evidence relating to any matter under investigation or in question before the Commission division. The power may be exercised only by the joint action by the Chairman of the Commission and the Commissioner. director, with the approval of the Secretary of State; (ii) To require any party or witness to answer interrogatories at any time after the complaint is filed.; (iii) To take depositions of witnesses including any party pursuant to a complaint or investigation made by the Commission. division; (iv) Pursuant to subitems (i), (ii), (iii), above, if a person fails to permit access, fails to comply with a subpoena, refuses to have his or her deposition taken, refuses to answer interrogatories, or otherwise refuses to allow discovery, the Commission may request an order of a court of competent jurisdiction requiring discovery and other related good faith compliance if, pursuant to subitems (i), (ii), (iii), above, a person fails to permit access, fails to comply with a subpoena, refuses to have his or her deposition taken, refuses to answer interrogatories, or otherwise refuses to allow discovery.
3534_20110202.docx