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16-123-330. Attorney General — Action for enforcement.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-123-330. Attorney General — Action for enforcement.
(a) If a timely election is made under § 16-123-329, the Arkansas Fair Housing Commission shall authorize and the Attorney General shall file and maintain on behalf of the aggrieved person a civil action in a court of competent jurisdiction seeking appropriate relief under this section.
(b) If the commission determines, as under § 16-123-321, and after consultation with the office of the Attorney General, that a conciliation agreement has been breached by the respondent, the Attorney General may file a civil action on behalf of the aggrieved person in a court of competent jurisdiction in the county where the party seeking enforcement of the conciliation agreement resides.
(c) An aggrieved person may intervene in the civil action.
(d) If the court finds that a discriminatory housing practice has occurred or is about to occur, the court may grant as relief any relief that a court may grant in a civil action under this subchapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-123-330
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.
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Stable record: arkansas_code:legal_authorities:16-123-330
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 6b6d4f00532948fdb1edae91cf9ca63fabe775f7c67701192b167a885ffa76c5
Source location: content.xml paragraph 50343
Stored source content
16-123-330. Attorney General — Action for enforcement.
(a) If a timely election is made under § 16-123-329, the Arkansas Fair Housing Commission shall authorize and the Attorney General shall file and maintain on behalf of the aggrieved person a civil action in a court of competent jurisdiction seeking appropriate relief under this section.
(b) If the commission determines, as under § 16-123-321, and after consultation with the office of the Attorney General, that a conciliation agreement has been breached by the respondent, the Attorney General may file a civil action on behalf of the aggrieved person in a court of competent jurisdiction in the county where the party seeking enforcement of the conciliation agreement resides.
(c) An aggrieved person may intervene in the civil action.
(d) If the court finds that a discriminatory housing practice has occurred or is about to occur, the court may grant as relief any relief that a court may grant in a civil action under this subchapter.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-123-321. Conciliation.
(a) The Director of the Arkansas Fair Housing Commission, during the period beginning with the filing of a complaint and ending with the filing of a charge or a dismissal by the director or the Arkansas Fair Housing Commission, to the extent feasible, shall engage in conciliation with respect to the complaint.
(b) A conciliation agreement reached through conciliation is a written agreement between a respondent, the complainant, and the commission requiring approval from all three (3).
(c)(1) A conciliation agreement may provide for binding arbitration of the dispute arising from the complaint.
(2) A conciliation agreement may authorize appropriate relief, including monetary relief.
(d) A conciliation agreement shall be made public, unless the complainant and respondent agree otherwise and the director determines that disclosure is not necessary to further the purposes of this subchapter.
(e) If the director has reasonable cause to believe that a respondent has breached a conciliation agreement, the director may authorize and the Attorney General may file a civil action for the enforcement of the conciliation agreement as provided by § 16-123-330.
(f) No statements or actions made within the course of conciliation may be made public or used as evidence in a subsequent proceeding under this subchapter without the written consent of the persons concerned.
(g) After completion of the director's investigation, the director shall make available to the aggrieved person and the respondent, at any time, information derived from the investigation and the final report related to that investigation.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-123-321
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 16-123-321. 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.