Enforcement provisions—Penalties

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  • (a) Whenever it is charged in writing under oath by a person claiming to be aggrieved, or a written charge has been filed by a member of the Commission where he has reasonable cause to believe a violation of this chapter has occurred, the Commission shall furnish the respondent with a copy of such charge and shall hold an investigation and hearing of such charge as provided in section 72 of this chapter. The Commission shall commence its investigation within 72 hours after the filing of a complaint with it.

  • (b) If the Commission determines that the respondent has violated any of the provisions under this chapter, the Commission shall state its findings of fact and conclusions of law and issue an order requiring the respondent to cease and desist, and issue such appropriate orders as in the judgment of the Commission will carry out the purposes of this chapter. Any person, employer, labor organization or employment agency, who or which shall wilfully resist, prevent, impede or interfere with the Commission or any of its employees or representatives in the performance of duty under this chapter, or shall wilfully violate an order of the Commission, shall be guilty of a misdemeanor and be punished by imprisonment for not more than one year, or by a fine of not more than two thousand dollars, or by both. The Commission may, in addition to the foregoing, do either or both of the following:

    • (1) File a criminal complaint with the office of the Attorney General charging a violation of this chapter, in which case the respondent may, if convicted, be fined not more than $2,000 or be imprisoned not more than one year, or both.

    • (2) File a civil action as provided in section 73 of this chapter, in which case the person aggrieved may recover damages as provided in this title.


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