4. a. Within two hundred seventy days after a complaint is filed, or
within one hundred twenty days after the court has reversed and remanded
an order of the division dismissing a complaint for lack of jurisdiction
or for want of probable cause, unless the division has dismissed the
complaint or issued an order stating the terms of a conciliation
agreement not objected to by the complainant, the division shall cause
to be issued and served a written notice, together with a copy of such
complaint, as the same may have been amended, requiring the respondent
or respondents to answer the charges of such complaint and appear at a
public hearing before a hearing examiner at a time not less than five
nor more than fifteen days after such service and at a place to be fixed
by the division and specified in such notice. The place of any such
hearing shall be the office of the division or such other place as may
be designated by the division. The case in support of the complaint
shall be presented by one of the attorneys or agents of the division
and, at the option of the complainant, by his or her attorney. With the
consent of the division, the case in support of the complainant may be
presented solely by his or her attorney. No person who shall have
previously made the investigation, engaged in a conciliation proceeding
or caused the notice to be issued shall act as a hearing examiner in
such case. Attempts at conciliation shall not be received in evidence.
At least two business days prior to the hearing the respondent shall,
and any necessary party may, file a written answer to the complaint,
sworn to subject to the penalties of perjury, with the division and
serve a copy upon all other parties to the proceeding. A respondent who
has filed an answer, or whose default in answering has been set aside
for good cause shown may appear at such hearing in person or otherwise,
with or without counsel, cross examine witnesses and the complainant and
submit testimony. The complainant and all parties shall be allowed to
present testimony in person or by counsel and cross examine witnesses.
The hearing examiner may in his or her discretion permit any person who
has a substantial personal interest to intervene as a party, and may
require that necessary parties not already parties be joined. The
division or the complainant shall have the power reasonably and fairly
to amend any complaint, and the respondent and any other party shall
have like power to amend his or her answer. The hearing examiner shall
not be bound by the strict rules of evidence prevailing in courts of law
or equity. The testimony taken at the hearing shall be under oath and a
record made.