20-12-6. Investigating powers of local commission--Affirmative action--Power coextensive with powers of state commission.

In the hearing of verified complaints such a commission may subpoena and examine witnesses, administer oaths, take testimony, and require the production for examination of relevant books or papers and to take such affirmative action as in the judgment of the commission will effectuate its purposes. The powers of the local commission may be coextensive with the powers of the State Human Rights Commission as set forth in § 20-13-42. All hearings under this chapter shall be conducted pursuant to contested case procedures in chapter 1-26.

Source: SL 1970, ch 66, § 3; SL 1973, ch 141; SL 1991, ch 179, § 2.

20-12-6.1. Right to proceed in circuit court or before local commission--Notice as to right of election.

No later than twenty days after notice of a finding of probable cause by the local commission and prior to hearing, the charging party or respondent may elect to have the claims asserted in the charge decided in circuit court in lieu of a hearing before the local commission. Parties shall be notified of their right to election in the notice of finding of probable cause.

Source: SL 1991, ch 179, § 4.