Subpoenas and discovery; penalties for violations

(a) The administrator may issue subpoenas and order discovery in aid of investigations and hearings under this article. Such subpoenas and discovery may be ordered to the same extent and subject to the same limitations as would apply if the subpoenas or discovery were ordered or served in aid of a civil action in superior court in which the investigation is taking place. (b) Witnesses summoned by a subpoena under this Code section 1038 8-3-213 shall be entitled to the same witness and mileage fees as witnesses in proceedings in superior courts. Fees payable to a witness summoned by a subpoena issued at the request of a party shall be paid by the party. (c)(1) Any person who willfully fails or neglects to attend and testify or to answer any lawful inquiry or to produce records, documents, or other evidence, if it is in such person’s power to do so, in obedience to the subpoena or other lawful order under subsection (a) of this Code section, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $1,000.00. (2) Any person who, with intent thereby to mislead another person in any proceeding under this article: (A) Makes or causes to be made any false entry or statement of fact in any report, account, record, or other document produced pursuant to subpoena or other lawful order under subsection (a) of this Code section; (B) Willfully neglects or fails to make or to cause to be made full, true, and correct entries in such reports, accounts, records, or other documents; or (C) Willfully mutilates, alters, or by any other means falsifies any documentary evidence shall be guilty of a misdemeanor and shall be fined not more than $1,000.00. History. Code 1981, § 8-3-212, enacted by Ga. L. 1990, p. 1284, § 1. 8-3-213. State action for enforcement; fines; damages; civil action by local agency; administrative proceeding. (a)(1) When a charge is issued to initiate an administrative complaint under Code Section 8-3-211, 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 brought by the Attorney General on behalf of the aggrieved person as provided under paragraph (2) of this subsection in lieu of a hearing under subsection (e) of this Code section. The election must be made not later than 20 days after the receipt by the electing person of service under Code Section 8-3-211 or, in the case of the administrator, not later than 20 days after such service. The person making such election shall give notice of doing so to the administrator and to all other complainants and respondents to whom the charge relates. (2) If the administrator has been unable to obtain voluntary 1039 8-3-213 compliance or as a result of an investigation under Code Section 8-3-209 finds that there is reasonable cause to believe that a discriminatory housing practice has occurred, at the recommendation of the administrator, the Attorney General shall bring an action in the name of the state on behalf of the aggrieved person to enforce the provisions of this article. (3) If an election is made under this subsection, the administrator shall authorize and, not later than 30 days after the election is made, the Attorney General shall commence a civil action in the name of the state on behalf of the aggrieved person seeking relief under this Code section in a superior court. (b) Whenever an action filed in court pursuant to paragraph (2) of subsection (a) of this Code section or Code Section 8-3-217 or 8-3-218 comes to trial, the administrator shall immediately terminate all efforts to obtain voluntary compliance. (c)(1) The court may impose the following fines if the respondent has been adjudged to have committed a discriminatory housing practice: (A) Up to $10,000.00, if the respondent has not previously been found guilty of committing a discriminatory housing practice; (B) Up to $25,000.00, if the respondent has been found guilty of committing one prior discriminatory housing practice within the preceding five years; or (C) Up to $50,000.00, if the respondent has been found guilty of committing two or more discriminatory housing practices within the preceding seven years. (2) The court in its discretion may award the prevailing party reasonable attorney’s fees and court costs; provided, however, that a respondent may be awarded reasonable attorney’s fees and court costs only if the respondent prevails on all alleged violations of this article and upon a showing that the action is frivolous, unreasonable, or without foundation. (3) In addition to the remedies set forth in paragraphs (1) and (2) of this subsection, the court may award actual damages and punitive damages to the aggrieved person. Punitive damages awarded under this subsection may be awarded only when the evidence shows that the respondent’s actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences or to the rights of the aggrieved party. (d) Any local agency certified as substantially equivalent by the secretary of housing and urban development pursuant to Section 810 of 1040 8-3-213 the federal Fair Housing Amendments Act of 1988 may institute a civil action in any appropriate court, including superior court, if it is unable to obtain voluntary compliance with the local fair housing law. The agency need not have petitioned for an administrative hearing or exhausted its administrative remedies prior to bringing a civil action. The court may impose fines as provided in the local fair housing law. (e)(1) Where an election is not made under paragraph (1) of subsection (a) of this Code section, the administrator shall refer the complaint to an administrative law judge of the Office of State Administrative Hearings. An administrative hearing shall be conducted as provided for under Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” (2) Not more than seven working days after the case has been referred to the administrative law judge, the administrator shall serve on the respondent and the person aggrieved or the aggrieved person’s attorney by registered or certified mail or statutory overnight delivery a written notice together with a copy of the complaint requiring the respondent to answer the charges contained therein at a hearing before the administrative law judge at a time and place specified in the notice. Such notice must contain all general and specific charges against the respondent. (3) The respondent shall serve an answer with the administrative law judge by registered or certified mail or statutory overnight delivery not more than 20 working days after receipt of the notice of hearing, which 20 working days may be extended by the administrative law judge in the administrative law judge’s discretion for an additional time not to exceed ten working days. The respondent’s answer must show by a certificate of service that the respondent has served a copy of the answer on the administrator and complainant or the complainant’s attorney at the last known address of the complainant or the complainant’s attorney where the complainant is represented by an attorney. Upon leave of the administrative law judge, the complainant may amend the charges contained in the notice of hearing. The respondent may amend an answer at any time prior to the hearing or, upon leave of the administrative law judge, may amend thereafter. No order shall be issued unless the respondent has had the opportunity of a hearing on the charges contained in the notice of hearing or amendment on which the final order is based. If the respondent fails to answer the complaint, the administrative law judge may enter the respondent’s default. Unless the default is set aside for good cause shown, the hearing may proceed under the available evidence. (4) A respondent who has filed an answer or whose default in answering has been set aside for good cause shown may appear at the 1041 8-3-214 hearing, may examine and cross-examine witnesses and the complainant, and may offer evidence. The complainant and, at the discretion of the administrative law judge, any other person may intervene, examine and cross-examine witnesses, and present evidence. (5) Efforts at conference, conciliation, and persuasion shall not be received in evidence. (6) Testimony taken at the hearing shall be under oath and shall be stenographically or otherwise recorded by a certified court reporter. After the hearing, the administrative law judge at the administrative law judge’s discretion may take further evidence or hear arguments upon notice to all parties with an opportunity to be present. (7) Except as otherwise specifically provided for in this article, all proceedings of the administrative law judge shall be conducted as provided for with respect to contested cases in Chapter 13 of Title 50. History. Code 1981, § 8-3-213, enacted by Ga. L. 1990, p. 1284, § 1; Ga. L. 1992, p. 1840, § 7; Ga. L. 2000, p. 1589, § 3; Ga. L. 2020, p. 603, § 4/HB 969.