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<br />(c) The hearing shall be open to the public and conducted in a fair, impartial and orderly manner. <br />A record of the proceedings shall be kept. All costs incurred for the development of the record <br />of the proceedings shall be borne by the city. The record of the proceedings shall be open to the <br />public. Both parties shall personally appear or be represented by legal counsel or other <br />representatives, and thc fail hou5ing offiecl and the parties shall have the right to present <br />evidence and cross examine witnesses in all matters relating to the complaint. Failure of either <br />party to appear at the public hearing, after notice as provided in this section, shall be deemed a <br />waiver by this party of the right to present evidence before the fair housing officer col1ulli5sion. <br />If, after the hearing, the fair housing officer commi5sion determines that the complaint is <br />justified, the fair housing officer commissiol1 shall issue to the respondent a written request for <br />voluntary discontinuance of the discriminatory housing practice within a reasonable time. The <br />time period set by the fair housing officer conmlission will not exceed 30 days. <br /> <br />(d) If, the fair housing officer determines that irreparable injury to the complainant may occur <br />if an immediate hearing is not held, the fair housing officer may provide notice of the hearing <br />to the parties in a method and using a notice period other than those prescribed in subsection (a). <br />In doing so, the fair housing officer shall provide notice in a manner reasonably calculated to <br />notify the parties of the hearing. <br /> <br />(e) If the fair housing officer cOlmnission determines that a complaint involves the legality of a <br />city zoning or other land use ordinance, the fair housing officer commission shall immediately <br />refer the matter to the city attorney for appropriate action. <br /> <br />(f) If the fair housing officer commission determines that no reasonable cause exists to believe <br />that a discriminatory housing practice occurred or is about to occur as alleged in a complaint, the <br />commission shall promptly dismiss the complaint. <br /> <br />(g) The fair housing officer commission shall make public disclosure of each dismissal. <br /> <br />Sec. 46.057. Certification of violation. <br /> <br />If the fair housing officer commission determines that a discriminatory housing practice has <br />occurred and the efforts of the fair housing officer commission to secure voluntary compliance <br />have been unsuccessful, the fair housing officer commission shall transmit its findings in writing <br />to the prosecuting attorney having jurisdiction over the violation and request the attorney to <br />prosecute the violation in an appropriate court. <br /> <br />Sec. 46.058. Cooperation with state and federal agencies. <br /> <br />( a) The conmussion and the fair housing officer is are authorized to cooperate with the Secretary <br />of Housing and Urban Development and the Attorney General of the United States in the <br />enforcement of the federal Fair Housing Act, as amended. The fair housing officer commission <br />is encouraged to cooperate with the Texas Commission on Human Rights in the enforcement of <br /> <br />C:\TEMP\board and comm'n repeal.wpd <br /> <br />6 <br />