Cal. Civ. Code § 910-2-7-9
Dismissals and decisions
Operative Text
Sec. 9. (a) If the complainant, the respondent, or the aggrieved person on whose behalf a complaint was filed makes a timely election to have the claims asserted in the charge decided in a civil action under IC 22-9.5-6-12, the administrative law judge shall dismiss the administrative proceeding. (b) An administrative law judge may not continue an administrative proceeding under this rule regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved person under an act of Congress or a state law seeking relief with respect to that discriminatory housing practice. If such a trial is commenced, the administrative law judge shall dismiss the administrative proceeding. The commencement and maintenance of a civil action for appropriate temporary or preliminary relief under IC 22-9.5-6-6 does not affect administrative proceedings under this rule. (c) The administrative law judge shall issue an initial decision in accordance with IC 4-21.5-3-27. (d) IC 4-21.5-3-28 and IC 4-21.5-3-29 apply to the ICRC's review of the initial decision issued by the administrative law judge, objections, and final decisions of the ICRC. (e) At any time before the issuance of a final decision, the parties may submit an agreement resolving the charge. The agreement must be signed by the respondent, the aggrieved person upon whose behalf the charge was issued, and the director if he or she is a party or an intervenor. The administrative law judge shall accept the agreement by issuing an initial decision based on the agreed findings. The submission of an agreement resolving the charge constitutes a waiver of any right to challenge or contest the validity of a decision entered in accordance with the agreement. (f) If the commissioners remand the decision for further proceedings, such remand shall be conducted in accordance with IC 4-21.5-3-29(g). (g) Following the issuance of the final decision, any prevailing party except the ICRC may apply for attorney's fees and costs. The administrative law judge shall issue an initial decision awarding or denying such fees and costs. The initial decision shall become the final decision of the ICRC unless the ICRC reviews the initial decision and issues a final decision on fees and costs within thirty (30) days. The recovery of reasonable attorney's fees and costs will be permitted as follows: (1) If the respondent is the prevailing party an intervenor shall be liable for reasonable attorney's fees and costs only to the extent that the intervenor's participation in the administrative proceeding is frivolous, vexatious, or was for the purpose of harassment. (2) To the extent that an intervenor is the prevailing party, the respondent shall be liable for reasonable attorney's fees and costs unless special circumstances make the recovery of such fees and costs unjust.
Section 910-2-7-9 of 910 IAC 2 governs how administrative housing-discrimination proceedings before Indiana's Civil Rights Commission (ICRC) are concluded. A proceeding may be dismissed when a party elects to pursue claims in civil court or when a related civil trial begins, and parties may also resolve a charge by mutual agreement at any time before a final decision is issued. After a final decision, prevailing parties (other than the ICRC itself) may seek attorney's fees and costs, with the extent of liability depending on which party prevailed and whether any intervenor's participation was frivolous or vexatious.
Plain English — not legal advice.
Under 910 IAC 2 § 910-2-7-9, a respondent in an ICRC administrative proceeding should be aware that the proceeding can be terminated if any party timely elects civil court or if a related civil trial commences. Respondents who prevail in the administrative process may seek attorney's fees and costs, though recovery against an intervenor is limited to situations where that intervenor's participation was frivolous, vexatious, or harassing. Operators navigating these proceedings generally work with legal counsel to understand the implications of settlement agreements, which under this section constitute a waiver of any right to challenge the resulting decision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 910 IAC 2 § 910-2-7-9, an aggrieved person who filed or is named in a housing-discrimination complaint has the right to elect to have their claims decided in a civil court action rather than through the ICRC administrative process. If a party reaches a settlement agreement before a final decision is issued, signing that agreement waives the right to later contest the decision, so understanding the terms fully before signing is important. Tenants and aggrieved persons who prevail in the administrative proceeding may apply for reasonable attorney's fees and costs, and tenant-rights organizations or legal aid offices can help explain what that process involves.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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