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[Utah Code Table of Contents]
[TITLE 57. Table of Contents]
57-21-1 Short title.
This chapter is known as the "Utah Fair Housing Act."
1989
57-21-2 Definitions.
As used in this chapter:
(1) "Aggrieved person" includes any person who:
(a) claims to have been injured by a discriminatory housing practice; or
(b) believes that he will be injured by a discriminatory housing practice that is about to occur.
(2) "Commission" means the Labor Commission.
(3) "Complainant" means an aggrieved person, including the director, who has commenced a complaint with the division.
(4) "Conciliation" means the attempted resolution of issues raised by a complaint of discriminatory housing practices by the investigation of the complaint through informal negotiations involving the complainant, the respondent, and the division.
(5) "Conciliation agreement" means a written agreement setting forth the resolution of the issues in conciliation.
(6) "Conciliation conference" means the attempted resolution of issues raised by a complaint or by the investigation of a complaint through informal negotiations involving the complainant, the respondent, and the division. The conciliation conference is not subject to Title 63, Chapter 46b, Administrative Procedures Act.
(7) "Covered multifamily dwellings" means:
(a) buildings consisting of four or more dwelling units if the buildings have one or more elevators; and
(b) ground floor units in other buildings consisting of four or more dwelling units.
(8) "Director" means the director of the division or a designee.
(9) (a) "Disability" means a physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having such an impairment.
(b) "Disability" does not include current illegal use of, or addiction to, any federally controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. 802.
(10) "Discriminate" includes segregate or separate.
(11) "Discriminatory housing practice" means an act that is unlawful under this chapter.
(12) "Division" means the Division of Antidiscrimination and Labor established under the commission.
(13) (a) "Dwelling" means any building or structure, or a portion of a building or structure, occupied as, or designed or intended for occupancy as, a residence of one or more families.
(b) "Dwelling" also includes vacant land that is offered for sale or lease for the construction or location of a dwelling as described in Subsection (13)(a).
(14) (a) "Familial status" means one or more individuals who have not attained the age of 18 years being domiciled with:
(i) a parent or another person having legal custody of the individual or individuals; or
(ii) the designee of the parent or other person having custody, with the written permission of the parent or other person.
(b) The protections afforded against discrimination on the basis of familial status shall apply to any person who:
(i) is pregnant;
(ii) is in the process of securing legal custody of any individual who has not attained the age of 18 years; or
(iii) is a single individual.
(15) "National origin" means the place of birth of an individual or of any lineal ancestors.
(16) "Person" includes one or more individuals, corporations, limited liability companies, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under the United States Bankruptcy Code, receivers, and fiduciaries.
(17) "Presiding officer" has the same meaning as provided in Section 63-46b-2 .
(18) "Real estate broker" or "salesperson" means a principal real estate broker, an associate real estate broker, or a real estate sales agent as those terms are defined in Section 61-2-2 .
(19) "Respondent" means a person against whom a complaint of housing discrimination has been initiated.
(20) "Sex" means gender and includes pregnancy, childbirth, and disabilities related to pregnancy or childbirth.
(21) "Source of income" means the verifiable condition
of being a recipient of federal, state, or local assistance,
including medical assistance, or of being a tenant receiving
federal, state, or local subsidies, including rental assistance
or rent supplements.
1997
57-21-3 Exemptions - Sale by private individuals - Nonprofit organizations - Noncommercial transactions.
(1) This chapter does not apply to any single-family dwelling unit sold or rented by its owner if:
(a) the owner is not a partnership, association, corporation, or other business entity;
(b) the owner does not own any interest in four or more single-family dwelling units held for sale or lease at the same time;
(c) during a 24-month period, the owner does not sell two or more single-family dwelling units in which the owner was not residing or was not the most recent resident at the time of sale;
(d) the owner does not retain or use the facilities or services of any real estate broker or salesperson; and
(e) the owner does not use any discriminatory housing practice under Subsection 57-21-5 (2) in the sale or rental of the dwelling.
(2) This chapter does not apply to a temporary or permanent residence facility operated by a nonprofit or charitable organization, including any dormitory operated by a public or private educational institution, if the discrimination is by sex or familial status for reasons of personal modesty or privacy or in the furtherance of a religious institution's free exercise of religious rights under the First Amendment of the United States Constitution.
(3) This chapter, except for Subsection 57-21-5 (2), does not apply to the rental of a room in the dwelling by an owner-occupant of a single-family dwelling to another person if the dwelling is designed for occupancy by four or fewer families, and the owner-occupant resides in one of the units.
(4) This chapter does not prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of dwellings it owns or operates for primarily noncommercial purposes to persons of the same religion, or from giving preference to such persons, unless membership in the religion is restricted by race, color, sex, or national origin.
(5) This chapter does not prohibit a private club not open to the public, including fraternities and sororities associated with institutions of higher education, from limiting the rental or occupancy of lodgings to members or from giving preference to its members, but only if it owns or operates the lodgings as an incident to its primary purpose and not for a commercial purpose.
(6) This chapter does not prohibit distinctions based on inability to fulfill the terms and conditions, including financial obligations, of a lease, rental agreement, contract of purchase or sale, mortgage, trust deed, or other financing agreement.
(7) This chapter does not prohibit any nonprofit educational institution from:
(a) requiring its single students to live in housing approved, operated, or owned by the institution;
(b) segregating housing that the institution approves, operates, or owns on the basis of sex or familial status or both for reasons of personal modesty or privacy, or in the furtherance of a religious institution's free exercise of religious rights under the First Amendment of the United States Constitution; or
(c) otherwise assisting others in making sex-segregated housing available to students as may be permitted by regulations implementing the federal Fair Housing Amendments Act of 1988 and Title IX of the Education Amendments of 1972.
(8) This chapter does not prohibit any reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling.
(9) The provisions pertaining to familial status do not
apply to the existence, development, sale, rental, advertisement,
or financing of any apartment complex, condominium, or other
housing development designated as housing for older persons,
as defined by Title VIII of the Civil Rights Act of 1968,
as amended.
1993
57-21-4 Conduct and requirements excluded - Defenses.
(1) Except as provided in Subsection 57-21-5 (4), this chapter does not:
(a) require any person to exercise a higher degree of care toward a person who has a disability than toward a person who does not have a disability;
(b) relieve any person of obligations generally imposed on all persons regardless of disability in a written lease, rental agreement, contract of purchase or sale, mortgage, trust deed, or other financing agreement; or
(c) prohibit any program, service, facility, or privilege intended to habilitate, rehabilitate, or accommodate a person with a disability.
(2) It is a defense to a complaint or action brought under
this chapter that the complainant has a disability that,
in the circumstances and even with reasonable accommodation,
poses a serious threat to the health or safety of the complainant
or others. The burden of proving this defense is upon the
respondent.
1993
57-21-5 Discriminatory practices enumerated - Protected persons, classes enumerated.
(1) It is a discriminatory housing practice to do any of the following because of a person's race, color, religion, sex, national origin, familial status, source of income, or disability:
(a) refuse to sell or rent after the making of a bona fide offer, refuse to negotiate for the sale or rental, or otherwise deny or make unavailable any dwelling from any person;
(b) discriminate against any person in the terms, conditions, or privileges of the sale or rental of any dwelling or in providing facilities or services in connection with the dwelling; or
(c) represent to any person that any dwelling is not available for inspection, sale, or rental when in fact the dwelling is available.
(2) It is a discriminatory housing practice to make a representation orally or in writing or make, print, circulate, publish, post, or cause to be made, printed, circulated, published, or posted any notice, statement, or advertisement, or to use any application form for the sale or rental of a dwelling, that directly or indirectly expresses any preference, limitation, or discrimination based on race, color, religion, sex, national origin, familial status, source of income, or disability, or expresses any intent to make any such preference, limitation, or discrimination.
(3) It is a discriminatory housing practice to induce or attempt to induce, for profit, any person to buy, sell, or rent any dwelling by making representations about the entry or prospective entry into the neighborhood of persons of a particular race, color, religion, sex, national origin, familial status, source of income, or disability.
(4) A discriminatory housing practice includes:
(a) a refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications are necessary to afford that person full enjoyment of the premises, except that in the case of a rental, the landlord, where it is reasonable to do so, may condition permission for a modification on the renter agreeing to restore the interior of the premises, when reasonable, to the condition that existed before the modification, reasonable wear and tear excepted;
(b) a refusal to make reasonable accommodations in rules, policies, practices, or services when the accommodations may be necessary to afford the person equal opportunity to use and enjoy a dwelling; and
(c) in connection with the design and construction of covered multifamily dwellings for first occupancy after March 13, 1991, a failure to design and construct those dwellings in a manner that:
(i) the dwellings have at least one building entrance on an accessible route, unless it is impracticable to have one because of the terrain or unusual characteristics of the site; and
(ii) with respect to dwellings with a building entrance on an accessible route:
(A) the public use and common use portions of the dwelling are readily accessible to and usable by disabled persons;
(B) all the doors designed to allow passage into and within the dwellings are sufficiently wide to allow passage by disabled persons in wheelchairs; and
(C) all premises within these dwellings contain the following features of adaptive design:
(I) an accessible route into and through the dwelling;
(II) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
(III) reinforcements in the bathroom walls to allow later installation of grab bars; and
(IV) kitchens and bathrooms such that an individual in a wheelchair can maneuver about and use the space.
(5) This section also applies to discriminatory housing
practices because of race, color, religion, sex, national
origin, familial status, source of income, or disability
based upon a person's association with another person.
1993
57-21-6 Discriminatory housing practices regarding residential real estate-related transactions - Discriminatory housing practices regarding the provisions of brokerage services.
(1) It is a discriminatory housing practice for any person whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of the transaction, because of race, color, religion, sex, disability, familial status, source of income, or national origin. Residential real estate-related transactions include:
(a) making or purchasing loans or providing other financial assistance:
(i) for purchasing, constructing, improving, repairing, or maintaining a dwelling; or
(ii) secured by residential real estate; or
(b) selling, brokering, or appraising residential real property.
(2) It is a discriminatory housing practice to deny any person access to, or membership or participation in, any multiple-listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting dwellings or to discriminate against any person in the terms or conditions of access, membership, or participation in the organization, service, or facility because of race, color, religion, sex, disability, familial status, source of income, or national origin.
(3) This section also applies to discriminatory housing
practices because of race, color, religion, sex, national
origin, familial status, source of income, or disability
based upon a person's association with another person.
1993
57-21-7 Prohibited conduct - Aiding or abetting in discriminatory actions - Obstruction of division investigation - Reprisals.
(1) It is a discriminatory housing practice to do any of the following:
(a) coerce, intimidate, threaten, or interfere with any person:
(i) in the exercise or enjoyment of any right granted or protected under this chapter;
(ii) because that person exercised any right granted or protected under this chapter; or
(iii) because that person aided or encouraged any other person in the exercise or enjoyment of any right granted or protected under this chapter;
(b) aid, abet, incite, compel, or coerce a person to engage in any of the practices prohibited by this chapter;
(c) attempt to aid, abet, incite, compel, or coerce a person to engage in any of the practices prohibited by this chapter;
(d) obstruct or prevent any person from complying with this chapter, or any order issued under this chapter;
(e) resist, prevent, impede, or interfere with the director or any division employees or representatives in the performance of duty under this chapter; or
(f) engage in any reprisal against any person because that person:
(i) opposed a practice prohibited under this chapter; or
(ii) filed a complaint, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing under this chapter.
(2) This section also applies to discriminatory housing
practices because of race, color, religion, sex, national
origin, familial status, source of income, or disability
based upon a person's association with another person.
1993
57-21-8 Jurisdiction - Department - Division.
(1) The commission has jurisdiction over the subject of housing discrimination under this chapter and may delegate the responsibility of receiving, processing, and investigating allegations of discriminatory housing practices and enforcing this chapter to the division.
(2) The commission may:
(a) adopt rules necessary to administer this chapter in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act;
(b) appoint and prescribe the duties of investigators, legal counsel, and other employees and agents that it considers necessary for the enforcement of this chapter; and
(c) issue subpoenas to compel the attendance of witnesses or the production of evidence for use in any investigation, conference, or hearing conducted by the division, and if a person fails to comply with such a subpoena, petition a court of competent jurisdiction for an order to show cause why that person should not be held in contempt.
(3) The division:
(a) may receive, reject, investigate, and determine complaints alleging discriminatory housing practices prohibited by this chapter;
(b) shall attempt conciliation between the parties through informal efforts, conference, persuasion, or other reasonable methods for the purposes of resolving the complaint;
(c) may seek prompt judicial action for appropriate temporary or preliminary relief pending final disposition of a complaint if the division and the commission conclude that such an action is necessary to carry out the purposes of this chapter;
(d) may, with the commission, initiate a civil action in a court of competent jurisdiction to:
(i) enforce the rights granted or protected under this chapter;
(ii) seek injunctive or other equitable relief, including temporary restraining orders, preliminary injunctions, or permanent injunctions;
(iii) seek damages; and
(iv) enforce final commission orders on the division's own behalf or on behalf of another person in order to carry out the purposes of this chapter;
(e) may initiate formal agency action under Title 63, Chapter 46b, Administrative Procedures Act; and
(f) may promote public awareness of the rights and remedies
under this chapter by implementing programs to increase the
awareness of landlords, real estate agents, and other citizens
of their rights and responsibilities under the Utah Fair
Housing Act, but may not solicit fair housing complaints
or cases.
1999
57-21-9 Procedure for an aggrieved person to file a complaint - Conciliation - Investigation - Determination.
(1) Any aggrieved person may file a written verified complaint with the division within 180 days after an alleged discriminatory housing practice occurs.
(2) (a) The commission shall adopt rules consistent with the provisions of 24 C.F.R. Sec. 115.3 (1990), relating to procedures under related federal law, to govern:
(i) the form of the complaint;
(ii) the form of any answer to the complaint;
(iii) procedures for filing or amending a complaint or answer; and
(iv) the form of notice to parties accused of the acts or omissions giving rise to the complaint.
(b) The commission may, by rule, prescribe any other procedure pertaining to the division's processing of the complaint.
(3) During the period beginning with the filing of the complaint and ending with the director's determination, the division shall, to the extent feasible, engage in conciliation with respect to the complaint.
(4) The division shall commence proceedings to investigate and conciliate a complaint alleging a discriminatory housing practice within 30 days after the filing of the complaint. After the commencement of an investigation, any party may request that the commission review the proceedings to insure compliance with the requirements of this chapter.
(5) The division shall complete the investigation within 100 days after the filing of the complaint, unless it is impracticable to do so. If the division is unable to complete the investigation within 100 days after the filing of the complaint, the division shall notify the complainant and respondent in writing of the reasons for the delay.
(6) (a) If, as a result of the division's investigation, the director determines that there is no reasonable cause to support the allegations in the complaint, the director shall issue a written determination dismissing the complaint.
(b) If the director dismisses the complaint pursuant to Subsection (6)(a), the complainant may request that the director reconsider the dismissal pursuant to Section 63-46b-13 .
(c) Notwithstanding the provisions of Title 63, Chapter 46b, Administrative Procedures Act, the director's determination to dismiss a complaint or, in the case of a request for reconsideration, the director's order denying reconsideration is not subject to further agency action or direct judicial review. However, the complainant may commence a private action pursuant to Section 57-21-12 .
(7) If, as a result of the division's investigation of a complaint, the director determines that there is reasonable cause to support the allegations in the complaint, all of the following apply:
(a) The division shall informally endeavor to eliminate or correct the discriminatory housing practice through a conciliation conference between the parties, presided over by the division. Nothing said or done in the course of the conciliation conference may be made public or admitted as evidence in a subsequent proceeding under this chapter without the written consent of the parties concerned.
(b) If the conciliation conference results in voluntary compliance with this chapter, a conciliation agreement setting forth the resolution of the issues shall be executed by the parties and approved by the division. The parties may enforce the conciliation agreement in an action filed in a court of competent jurisdiction.
(c) If the division is unable to obtain a conciliation
agreement, the director shall issue a written determination
stating the director's findings and ordering any appropriate
relief under Section
57-21-11
.
1999
57-21-10 Judicial election or formal adjudicative hearing.
(1) If, pursuant to Subsection 57-21-9 (7)(c), the director issues a written determination finding reasonable cause to believe that a discriminatory housing practice has occurred, or is about to occur, a respondent may obtain de novo review of the determination by submitting a written request for a formal adjudicative hearing to be conducted by the commission's Division of Adjudication in accordance with Title 34A, Chapter 1, Part 3, Adjudicative Proceedings, to the director within 30 days from the date of issuance of the determination. If the director does not receive a timely request for review, the director's determination becomes the final order of the commission and is not subject to further agency action or direct judicial review.
(2) If a respondent files a timely request for review pursuant to Subsection (1):
(a) any respondent, complainant, or aggrieved party may elect to have the de novo review take place in a civil action in the district court rather than in a formal adjudicative hearing with the Division of Adjudication by filing an election with the commission in accordance with rules established by the commission pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act, regarding the form and time period for the election;
(b) the complainant shall file a complaint for review in the forum selected pursuant to Subsection (2)(a) within 30 days after the completion of the forum selection process; and
(c) the commission shall determine whether the director's determination is supported by substantial evidence.
(3) If, pursuant to Subsection (2)(c), the commission determines that the director's determination is supported by substantial evidence, the commission shall provide legal representation on behalf of the aggrieved person, including the filing of a complaint for review as required by Subsection (2)(b), to support and enforce the director's determination in the de novo review proceeding. Notwithstanding any provisions of Title 63, Chapter 46b, Administrative Procedures Act, the commission's determination regarding the existence or nonexistence of substantial evidence to support the director's determination is not subject to further agency action or direct judicial review.
(4) Upon timely application, an aggrieved person may intervene with respect to the issues to be determined in a formal adjudicative hearing or in a civil action brought under this section.
(5) If a formal adjudicative hearing is elected, all of the following apply:
(a) The presiding officer shall commence the formal adjudicative hearing within 150 days after the respondent files a request for review of the director's determination unless it is impracticable to do so.
(b) The investigator who investigated the matter may not participate in the formal adjudicative hearing, except as a witness, nor may the investigator participate in the deliberations of the presiding officer.
(c) Any party to the complaint may file a written request to the Division of Adjudication for review of the presiding officer's order in accordance with Section 63-46b-12 and Title 34A, Chapter 1, Part 3, Adjudicative Proceedings.
(d) A final order of the commission under this section is subject to judicial review as provided in Section 63-46b-16 and Title 34A, Chapter 1, Part 3, Adjudicative Proceedings.
(6) If a civil action is elected, the commission is barred from continuing or commencing any adjudicative proceeding in connection with the same claims under this chapter.
(7) The commission shall make final administrative disposition
of the complaint alleging a discriminatory housing practice
within one year after the filing of the complaint, unless
it is impracticable to do so. If the commission is unable
to make final administrative disposition within one year,
the commission shall notify the complainant, respondent,
and any other interested party in writing of the reasons
for the delay.
1999
57-21-11 Relief granted - Civil penalties - Enforcement of final order.
(1) Under Sections 57-21-9 and 57-21-10 , if the director, presiding officer, commissioner, Appeals Board, or court finds reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur, the director, presiding officer, commissioner, Appeals Board, or court may order, as considered appropriate:
(a) the respondent to cease any discriminatory housing practice;
(b) actual damages, reasonable attorneys' fees and costs to the aggrieved person; and
(c) any permanent or temporary injunction, temporary restraining order, or other appropriate order.
(2) In addition to the relief granted to an aggrieved person under Subsection (1), in order to vindicate the public interest, the director, presiding officer, or court may also assess civil penalties against the respondent in an amount not exceeding:
(a) $10,000 if the respondent has not been adjudged to have committed any prior discriminatory housing practice;
(b) $25,000 if the respondent has been adjudged to have committed one other discriminatory housing practice during the five-year period ending on the date of the filing of the complaint; or
(c) $50,000 if the respondent has been adjudged to have committed two or more discriminatory housing practices during the seven-year period ending on the date of the filing of this complaint.
(3) The time periods in Subsections (2)(b) and (c) may be disregarded if the acts constituting the discriminatory housing practice are committed by the same natural person who has previously been adjudged to have committed a discriminatory housing practice.
(4) The division may file a petition in a district court of competent jurisdiction for:
(a) the enforcement of a final department order; and
(b) for any appropriate temporary relief or restraining
order necessary for the enforcement of a final commission
order.
1997
57-21-12 Other rights of action.
(1) In addition to the procedure outlined in Subsection 57-21-9 (1), a person aggrieved by a discriminatory housing practice may commence a private civil action in a court of competent jurisdiction within two years after an alleged discriminatory housing practice occurred, within two years after the termination of an alleged discriminatory housing practice, or within two years after a breach of a conciliation agreement. The division shall inform the aggrieved person in writing about this option within 30 days after the aggrieved person files a complaint under Section 57-21-9 .
(2) (a) Except as provided in Subsection (2)(b), the computation of this two-year time period does not include any time during which an administrative proceeding under this chapter was pending with respect to a complaint filed under this chapter.
(b) The tolling of the two-year time period does not apply to actions arising from a breach of a conciliation agreement.
(3) An aggrieved person may commence a private civil action even though a complaint has been filed with the division, in which case the division is barred from continuing or commencing any adjudicative proceeding in connection with the same claims under this chapter after:
(a) the beginning of a civil action brought by a complainant or aggrieved person; or
(b) the parties have reached an agreement in settlement of claims arising from the complaint.
(4) An aggrieved person may not file a private civil action under this section if:
(a) the division has obtained a conciliation agreement, except for the purpose of enforcing the terms of the conciliation agreement; or
(b) a formal adjudicative hearing has been commenced under Section 57-21-10 regarding the same complaint.
(5) Upon written application by a person alleging a discriminatory housing practice prohibited under this chapter in a private civil action, or by a person against whom the violations are alleged, the court may:
(a) appoint an attorney for the applicant; and
(b) authorize the commencement or continuation of a private civil action without the payment of fees, costs, or security if, in the opinion of the court, the applicant is financially unable to bear the costs of the civil action.
(6) Upon timely application, the division may intervene in a private civil action brought under this subsection if the division certifies that the case is of general importance.
(7) In a private civil action, if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may:
(a) order the respondent to cease any discriminatory housing practice;
(b) award to the plaintiff actual damages, punitive damages and reasonable attorneys' fees and costs; and
(c) grant, as the court considers appropriate, any permanent or temporary injunction, temporary restraining order, or other order as may be appropriate, including civil penalties under Section 57-21-11 .
(8) This chapter does not preclude any private right of
action by an aggrieved person based on otherwise applicable
law not included in this chapter.
1999
57-21-13 Disclosure of information.
(1) Conciliation agreements and the director's determination and order are public records.
(2) Subject to Subsection (3), neither the commission nor its staff may divulge or make public information gained from any investigation, settlement negotiation, conciliation, hearing, or administrative proceeding before the commission, except as follows:
(a) Information used by the director in making any determination may be provided to all interested parties for the purpose of preparation for and participation in the investigation and any proceedings before the commission or court.
(b) General statistical information may be disclosed provided identities of individuals or parties are not disclosed.
(c) Information may be disclosed for inspection upon proper request by the attorney general or other legal representatives of the state or commission.
(d) Information may be disclosed for information and reporting requirements of the federal government.
(3) The commission or its staff may not divulge or make
public any information gained from any investigation, settlement
negotiation, conciliation, hearing, or administrative proceeding
before the commission if a privacy interest entitled to protection
by law exists or the commission determines that disclosure
will not further the purposes of this chapter.
1997
57-21-14 Effect of federal action.
The commencement of an action in a federal court of competent
jurisdiction for relief under federal law based upon any
act prohibited by this chapter bars the commencement or continuation
of any adjudicative proceeding before the division or state
court proceeding in connection with the same claims under
this chapter.
1993
