Georgia § 8-3-214 - Orders of administrative law judge.

§ 8-3-214. Orders of administrative law judge.

If the administrative law judge determines that the respondent has not engaged in a discriminatory housing practice, the administrative law judge shall state the administrative law judge's findings of fact and conclusions of law and shall issue a final order within 30 days after the hearing unless, for good cause shown, such time is extended by the administrative law judge, dismissing the complaint. If the administrative law judge determines that the respondent has engaged in a discriminatory housing practice, the administrative law judge shall state the administrative law judge's findings of fact and conclusions of law and shall issue an order within 30 days after the hearing unless, for good cause shown, such time is extended by the administrative law judge, granting such relief as may be appropriate, which may include actual compensatory damages suffered by the aggrieved person and injunctive or other equitable relief. The prevailing party may, in the discretion of the administrative law judge, be awarded reasonable attorney's fees and costs; provided, however, that a respondent may only be awarded reasonable attorney's fees and costs against a party if the respondent prevails on all alleged violations of this article and upon a showing that the proceeding is frivolous, unreasonable, or without foundation. No order of the administrative law judge or final order of the administrator shall affect any contract, sale, encumbrance, or lease consummated before the issuance of such order and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the charge filed under this article. In the case of an order with respect to a discriminatory housing practice that occurred in the course of a business subject to licensing or regulation by a governmental agency, the administrator shall, not later than 30 days after the date the order becomes final, or, if such order is judicially reviewed, 30 days after such order is in substance affirmed upon review, send copies of the findings of fact, conclusions of law, and the order to that governmental agency and recommend to that governmental agency appropriate disciplinary action. In the case of an order against a respondent against whom another order was issued within the preceding five years under this Code section, the administrator shall send a copy of each such order to the Attorney General. If the administrative law judge finds that the respondent has not engaged or is not about to engage in a discriminatory housing practice, as the case may be, the administrative law judge shall enter an order dismissing the charge. The administrator shall make public disclosure of each such dismissal when it becomes final. The administrator may review and reject or modify any finding, conclusion, or order issued by the administrative law judge. In the absence of an appeal by any of the parties to the administrator or any action taken by the administrator within 30 days after the finding, conclusion, or order is so issued, such finding, conclusion, or order shall become the final order of the Commission on Equal Opportunity. (Code 1981, § 8-3-214 , enacted by Ga. L. 1990, p. 1284, § 1; Ga. L. 1992, p. 1840, § 8; Ga. L. 1993, p. 91, § 8; Ga. L. 2020, p. 603, § 5/HB 969.) The 2020 amendment, effective January 1, 2021, rewrote this Code section, which read: "(a) If the board of commissioners determines that the respondent has not engaged in a discriminatory housing practice, the board of commissioners shall state the board of commissioners' findings of fact and conclusions of law and shall issue a final order within 30 days after the hearing unless, for good cause shown, such time is extended by the board of commissioners, dismissing the complaint. "(b) If the board of commissioners determines that the respondent has engaged in a discriminatory housing practice, the board of commissioners shall state the board of commissioners' findings of fact and conclusions of law and shall issue a final order within 30 days after the hearing unless, for good cause shown, such time is extended by the board of commissioners, granting such relief as may be appropriate, which may include actual compensatory damages suffered by the aggrieved person and injunctive or other equitable relief and reasonable attorney's fees and costs. A prevailing respondent may be awarded reasonable attorney's fees and costs only upon a showing that the proceeding is frivolous, unreasonable, or without foundation. Attorney's fees may be awarded against a complainant or an aggrieved party if such party joined in the proceeding on its own as an intervening party. "(c) No order of the board of commissioners shall affect any contract, sale, encumbrance, or lease consummated before the issuance of such order and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the charge filed under this article. In the case of an order with respect to a discriminatory housing practice that occurred in the course of a business subject to licensing or regulation by a governmental agency, the administrator shall, not later than 30 days after the date of the issuance of such order, or, if such order is judicially reviewed, 30 days after such order is in substance affirmed upon review, send copies of the findings of fact, conclusions of law, and the order to that governmental agency and recommend to that governmental agency appropriate disciplinary action. In the case of an order against a respondent against whom another order was issued within the preceding five years under this Code section, the administrator shall send a copy of each such order to the Attorney General. "(d) If the board of commissioners finds that the respondent has not engaged or is not about to engage in a discriminatory housing practice, as the case may be, the board of commissioners shall enter an order dismissing the charge. The administrator shall make public disclosure of each such dismissal." Code Commission notes. - Pursuant to Code Section 28-9-5, in 1990, "attorney's" was substituted for "attorney" in the first sentence of subsection (b). Pursuant to Code Section 28-9-5, in 1992, in both subsections (a) and (b), "commissioners' " was substituted for "commissioner's" and a comma was deleted following "order", and "a" was deleted preceding "licensing" in the second sentence of subsection (c).