Browse Arkansas Code titles and sections
16-123-325. Charge.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-123-325. Charge.
(a) A charge issued under § 16-123-324 shall:
(1) Consist of a short and plain statement of the facts on which the Director of the Arkansas Fair Housing Commission has found reasonable cause to believe that a discriminatory housing practice occurred or is about to occur;
(2) Be based on the investigation; and
(3) Not necessarily be limited to the facts or grounds alleged in the complaint.
(b) The director shall immediately send a copy of the charge with information concerning the process of election of judicial determination, as under § 16-123-329, to:
(1) Each respondent, together with a notice of the opportunity for a hearing provided by § 16-123-331; and
(2) Each aggrieved person on whose behalf the complaint was filed.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-123-325
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:16-123-325
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a8b416659484d42089fe65971699c58c7c2a1860548afa1974301059760a298c
Source location: content.xml paragraph 50306
Stored source content
16-123-325. Charge.
(a) A charge issued under § 16-123-324 shall:
(1) Consist of a short and plain statement of the facts on which the Director of the Arkansas Fair Housing Commission has found reasonable cause to believe that a discriminatory housing practice occurred or is about to occur;
(2) Be based on the investigation; and
(3) Not necessarily be limited to the facts or grounds alleged in the complaint.
(b) The director shall immediately send a copy of the charge with information concerning the process of election of judicial determination, as under § 16-123-329, to:
(1) Each respondent, together with a notice of the opportunity for a hearing provided by § 16-123-331; and
(2) Each aggrieved person on whose behalf the complaint was filed.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-123-324. Reasonable cause determination.
(a) The Director of the Arkansas Fair Housing Commission shall determine, based on the facts and after consultation with the office of the Attorney General, whether reasonable cause exists to believe that a discriminatory housing practice occurred or is about to occur.
(b) The director shall make the determination under subsection (a) of this section not later than the one hundredth day a complaint is filed unless:
(1) It is impracticable to make the determination; or
(2) The director has approved a conciliation agreement relating to the complaint.
(c) If it is impracticable to make the determination within the time period provided by subsection (b) of this section, the director shall notify the complainant and respondent in writing of the reasons for the delay.
(d) If the director determines that reasonable cause exists to believe that a discriminatory housing practice occurred or is about to occur, the director shall immediately issue a charge on behalf of the aggrieved person, except as provided by § 16-123-326.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-123-324
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-123-324. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-123-329. Election of judicial determination.
(a) After a charge has been issued under § 16-123-325, a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in that charge decided in a civil action.
(b) The election shall be made no later than the twentieth day after the date of receipt by the electing person of service under § 16-123-325 or, in the case of the Arkansas Fair Housing Commission, not later than the twentieth day after the date the charge was issued.
(c) The person making the election shall give notice to the commission and to all other complainants and respondents to whom the charge relates.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-123-329
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-123-329. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-123-331. Administrative hearing.
(a)(1) If a timely election to commence a civil action is not made under § 16-123-329, the Arkansas Fair Housing Commission shall provide for an administrative hearing on the charge.
(2)(A) The administrative hearing will be adjudicated by the commission.
(B) In that proceeding or any factually related proceeding under this section, no officer, employee, or agent of the State of Arkansas engaged in the performance of investigative, conciliatory, or prosecutorial functions in connection with the proceeding shall participate in or advise on the decision of the commission, except as a witness or counsel during the proceedings.
(b) Except as provided in this section, the Arkansas Administrative Procedure Act, § 25-15-201 et seq., governs a hearing and an appeal of a hearing under this section.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-123-331
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-123-331. This identifies an authority to review, not proof of applicability.