a. After receipt of the complaint, the superintendent shall make a
determination within thirty days of whether there is probable cause to
believe that the person named in the complaint has engaged in or is
engaging in an unlawful discriminatory practice. If the superintendent
determines there is no such probable cause, the complaint shall be
dismissed. If the superintendent determines that there is such probable
cause, he or she shall attempt to resolve such complaint by conference
and conciliation. If conciliation is achieved, the terms shall be
recorded in a written agreement signed by the creditor and complainant,
a copy of which shall be forwarded to the commissioner.
b. If conciliation is not achieved, the superintendent or his or her
designated representative shall conduct a hearing with respect to the
alleged violation of this section. All interested parties shall be
entitled to adequate and timely notice of the hearing. Such parties
shall have the right to be represented by counsel or by other
representatives of their own choosing; to offer evidence and witnesses
in their own behalf and to cross-examine other parties and witnesses; to
have the power of subpoena exercised in their behalf; and to have access
to a written record of such hearing. The superintendent or his or her
representative shall not be bound by the strict rules of evidence
prevailing in courts of law or equity. The testimony taken shall be
under oath and a record shall be made of the proceedings. A written
decision shall be made by the superintendent or his or her designated
representative separately setting forth findings of fact and conclusions
of law. A copy of such decision shall be forwarded to the commissioner.