2 Del. Admin. Code § 2501-4.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 2501-4.0 - Complaint Intake

4.1 Who Can File a Complaint?

Any person or any specific class of persons, by themselves or by a representative, organizations or business entities that believe they have been subjected to discrimination or retaliation prohibited by Title VI of the Civil Rights Act of 1964 (Title VI) and related statutes, Section 504 of the Rehabilitation Act of 1973 (Section 504), or Title II of the Americans with Disabilities Act of 1990 (ADA) may file a complaint.

4.2 What is a Complaint?

4.2.1 A complaint is a written or electronic statement concerning an allegation of discrimination that contains a request for the receiving office to take action. Complaints should be in writing and signed and may be filed by mail, fax, in person, or e-mail. A complaint should contain at least the following information:

4.2.1.1 A written explanation of what allegedly happened or is happening;

4.2.1.2 Information necessary to contact the complainant;

4.2.1.3 The basis of the complaint, e.g., age, sex, race, color, national origin, or disability;

4.2.1.4 The identification of the respondent, e.g., agency/organization alleged to have discriminated;

4.2.1.5 Sufficient information to understand the facts that led the complainant to believe that discrimination occurred; and

4.2.1.6 The date(s) of the alleged discriminatory act(s).

4.2.2 While subsection 4.2.1 indicates a complaint should be in writing and signed, the receiving agency must accept complaints in alternate formats from persons with disabilities, upon request.

4.2.2.1 The complaint may be filed on a computer disk, by audio tape, or in Braille.

4.2.2.2 The complainant may call the agency and provide the allegations by telephone. The agency will transcribe the allegations of the complaint as provided over the telephone and send a written complaint to the complainant for signature and confirmation of the accuracy of the written complaint.

4.2.2.3 Complaints in languages other than English will be translated and responded to in the language in which they were sent in accordance with E.O. 13166, "Improving Access to Services for Persons with Limited English Proficiency." DelDOT will provide translation services in as many languages as it has available to it.

4.3 Where to Submit Complaints.

4.3.1 Complaints may be submitted to DelDOT or FHWA.

4.3.1.1 DelDOT address is:

PO Box 778

Dover, DE 19903

4.3.1.2 DelDOT Persons Authorized to Receive Complaints:

4.3.1.2.1 DelDOT Civil Rights Administrator, (302) 760-2555

4.3.1.2.2 DelDOT ADA Title II/Section 504 Coordinator, (302) 760-2467

4.3.1.2.3 DelDOT Contract Services Administrator, (302) 760-2031

4.3.1.3 Complaints submitted to FHWA may be sent to:

FHWA, the DelMar Division Office

1201 College Park Road

Suite 102

Dover, DE 19904

302) 734-5323

4.3.2 Complaints submitted to the Department of Justice may be sent to:

U.S. Department of Justice

Civil Rights Division

Disability Rights Section - 1425 NYAV

950 Pennsylvania Avenue, N.W.

Washington, D.C. 20530

4.4 Timeframe for Filing Complaints

4.4.1 Complaints must be filed within 180 days of the last date of the alleged discrimination, unless the time for filing is extended for cause.

4.4.2 The filing date of the complaint is the earlier of:

4.4.2.1 the postmark of the complaint; or

4.4.2.2 the date the complaint is received by any office authorized to receive complaints.

4.4.3 An extension may be granted under any of the following circumstances:

4.4.3.1 The complainant could not reasonably be expected to know the act was discriminatory within the 180-day period, and the complaint was filed within 60 days after the complainant became aware of the alleged discrimination;

4.4.3.2 The complainant was unable to file a complaint because of incapacitating illness or other incapacitating circumstances during the 180-day period, and the complaint was filed within 60 days after the period of incapacitation ended;

4.4.3.3 The complainant filed a complaint alleging the same discriminatory conduct within the 180-day period with another Federal, State or local civil rights enforcement agency, and filed a complaint with DelDOT within 60 days after the other agency had completed its investigation or notified the complainant that it would take no further action;

4.4.3.4 The complainant filed, within the 180-day period, an internal grievance alleging the same discriminatory conduct that is the subject of DelDOT complaint, and the complaint is filed no later than 60 days after the internal grievance is concluded;

4.4.3.5 Unique circumstances generated by DelDOT action have adversely affected the complainant;

4.4.3.6 The discriminatory act is of a continuing nature; or

4.4.3.7 Some complaints may be referred to DelDOT by other agencies. In the event the referring agency has the complaint in [its] possession for an inordinately long period of time and the complainant filed his or her complaint with that agency within the 180-day timeframe, DelDOT will automatically grant an informal extension. In these cases, the complainant will not receive notification of the extension of the filing deadline.

4.5 DelDOT Responsibilities

4.5.1 Complaints filed under Title VI in which DelDOT is named as the respondent will be forwarded to FHWA for investigation.

4.5.2 Title VI complaints filed against sub-recipients will be processed by DelDOT in accordance with these complaint procedures. However, only HCR has the authority to make all final decisions including dismissing complaints and issuing LOFs.

4.5.3 Complaints filed under the ADA Title II/Section 504 will be investigated by DelDOT in accordance with these complaint procedures.

4.5.4 DelDOT may use contract investigators to conduct investigations if necessary to prevent or eliminate a backlog of complaints. All complaints will be investigated in accordance with approved complaint processing procedures.

2 Del. Admin. Code § 2501-4.0

17 DE Reg. 1101 (5/1/2014) (Final)