SPIRO T. AGNEW, Governor                        881

PLAINANT RESPONDS WITH AN OBJECTION TO SUCH
FINDING WITHIN TEN (10) DAYS OF HIS NOTIFICATION,
THE MATTER SHALL BE CONSIDERED TERMINATED. IF
THE COMPLAINANT FILES OBJECTION TO THE FIND-
INGS WITHIN THE TEN (10) DAYS, THE COMMISSIONER
SHALL CAUSE A HEARING TO BE HELD BEFORE AN
IMPARTIAL HEARING OFFICER WHEREIN THE COM-
PLAINANT WILL HAVE FULL OPPORTUNITY TO BRING
FORTH EVIDENCE IN SUPPORT OF HIS COMPLAINT. THE
EMPLOYER, LABOR UNION, OR EMPLOYMENT AGENCY
AGAINST WHOM THE COMPLAINT HAS BEEN MADE
SHALL ALSO BE ENTITLED TO REPRESENT THEIR POSI-
TION AT SUCH A HEARING. IF REQUESTED BY THE
COMMISSIONER, THE ATTORNEY GENERAL SHALL CAUSE
AN APPEARANCE TO BE MADE ON BEHALF OF THE
DEPARTMENT. THE COMPLAINANT SHALL BEAR THE
BURDEN OF PROVING THE MERITS OF HIS COMPLAINT
AT SUCH HEARING. IF THE HEARING OFFICER FINDS
THAT THE COMPLAINT HAS NO MERIT, THE MATTER
SHALL BE CONSIDERED TERMINATED. HOWEVER, IF
THE DEPARTMENT FINDS A COMPLAINT TO HAVE MERIT
UPON INITIAL INVESTIGATION OR A HEARING OFFICER
FINDS A COMPLAINT TO HAVE MERIT AFTER HEAR-
ING, THE COMMISSIONER SHALL, SUBJECT TO SUB-
SECTION (D), CAUSE IMMEDIATE STEPS TO BE TAKEN
TO ELIMINATE THE UNLAWFUL DISCRIMINATORY PRAC-
TICE OR PRACTICES COMPLAINED OF BY CONCILIATION
AND PERSUASION.

(D)    WHEN AFTER INITIAL INVESTIGATION A COM-
PLAINT IS FOUND TO HAVE MERIT BY THE DEPART-
MENT, THE EMPLOYER, LABOR UNION, OR EMPLOY-
MENT AGENCY ACCUSED THEREIN WILL BE NOTIFIED
OF SUCH FINDING. THE EMPLOYER, LABOR UNION, OR
EMPLOYMENT AGENCY CONCERNED SHALL HAVE, UPON
RECEIPT OF SUCH NOTIFICATION, TEN (10) DAYS TO
MAKE OBJECTION TO SUCH FINDING TO THE COMMIS-
SIONER. IN THE EVENT OF SUCH AN OBJECTION, THE
COMMISSIONER SHALL CAUSE A HEARING TO BE HELD
IN THE SAME MANNER AS DESCRIBED IN SUBSECTION
(C) ABOVE EXCEPT THAT THE DEPARTMENT SHALL
BEAR THE BURDEN OF PROVING THE MERITS OF THE
COMPLAINT.

(E)    IN THE EVENT OF A FINDING OF MERIT IN A COM-
PLAINT UNDER THIS SECTION, IT SHALL BE A NECESSARY
PART OF ANY FINAL RESOLUTION OF THE DISPUTE THAT
THE INDIVIDUAL OR INDIVIDUALS AGGRIEVED BY THE
UNLAWFUL DISCRIMINATORY PRACTICE OR PRACTICES
SHALL HAVE RESTORED TO THEM IN A MANNER DEEMED
PRACTICABLE BY THE COMMISSIONER, THE EMPLOYMENT
OR INCOME OPPORTUNITY OF WHICH THEY WERE DE-
PRIVED BY REASON OF THE UNLAWFUL DISCRIMINATORY
PRACTICE OR PRACTICES. THE INDIVIDUAL OR INDI-
VIDUALS AGGRIEVED MAY WAIVE IN WRITING THE PRO-
TECTION PROVIDED BY THIS SUBSECTION.