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Probable Cause (PC) - means there is sufficient information to believe that unlawful discrimination has in fact occurred. In cases where PC is found the Department will notify the licensing or chartering agencies and file a complaint together with a request that the agency initiate proceedings to suspend or revoke the license or charter or take other less restrictive disciplinary action. (Explain who would be affected by licensing/chartering agencies - brokers, insurance agents.)

D. Investigation may include contacting parties, individual witnesses, use of taped or written testing information, review of applications, statistical information; policies/procedure followed:

If testing is involved, information is reviewed to determine if the Testers were treated differently and if the information supplied by the Tester is consistent with allegations made by the person filing the complaint.

Without testing information, investigations can be conducted using past rental, rental-sales patterns and ascertaining if particular groups have been excluded, segregated, or given different terms than others.

Financial institutions may also have their records reviewed to determine where and to whom they have granted loans, mortgages or other types of financing.

E. Conciliation

At the conclusion an Initial Determination of PC of NPC is issued. If there is a finding of PC discrimination the case is referred to the Conciliation Bureau. Conciliation is a process of negotiating. Its goal is to achieve a mutually satisfactory agreement between the Complainant and the Respondent and to eliminate the effects of the alleged discriminatory act or practice.

Successful conciliation eliminates the need to hold a public hearing and possible later court action. If an agreement is needed it is reduced to writing and:

* states the terms and conditions mutually agreed upon by the Complainant and the Respondent.

The complaint is closed when the terms and conditions of the conciliation agreement are met.

By law, no publicity is given to housing cases where a negative finding has been made or where conciliation has been successful. Once a case reaches the hearing stage, proceedings become open to the public.

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