(3) In any proceeding under this subsection, the commission may, if the prayer of the
original or amended complaint so requests, proceed at the proper time to obtain the
relief provided in § 34-37-6.
(4) The application by the commission for injunctive relief shall not prevent the commission
from continuing to prosecute the proceeding before it out of which the application
arises.
(5) Whenever a complaint shall be filed under the provisions of this subsection, the state
shall be liable, in an action brought against it, for the payment of such costs and
damages as may have been incurred or suffered by the defendant should final judgment
be entered upon the complaint in favor of the defendant, or should the commission,
having been denied temporary relief after the entry of a restraining order, fail to
prosecute the matter further, or should the commission, having been granted temporary
relief, fail to prosecute the matter further, unless, in the latter two (2) instances,
failure to prosecute is caused by the making of an agreed settlement of any kind with
the defendant, including a conciliation agreement.
(6) All proceedings taken pursuant to the provisions of this section shall take precedence
over all other civil matters then pending before the court.
(n) The complainant or the respondent may elect, within twenty (20) days after receipt
of a finding of probable cause, to terminate by written notice to the commission all
proceedings before the commission and have the case heard in the superior court. In
the event of an election to terminate the proceedings, the commission shall issue
a right to sue notice to the complainant with a copy of the notice sent to all parties.