D.C. Mun. Regs. tit. 4, r. 4-1622

Current through Register Vol. 71, No. 43, October 25, 2024
Rule 4-1622 - INVESTIGATION
1622.1

An aggrieved person (a "complainant") shall file a written complaint with OHR alleging a violation of the DCFMLA within one (1) year after the occurrence or the discovery of the action or occurrence that the person alleges to be a violation.

1622.2

OHR shall serve a copy of the complaint filed pursuant to § 1622.1 on the employer who is alleged to have violated the DCFMLA (the "respondent"). OHR shall serve the copy of the complaint by certified mail within five (5) business days after the date the complaint is filed.

1622.3

The respondent shall file a response with OHR within fifteen (15) business days after the respondent receives the complaint.

1622.4

OHR shall investigate the complaint and, where necessary, conduct a hearing to decide if a violation of the DCFMLA occurred.

1622.5

OHR may accept statements of evidence with respect to the allegations made in the complaint and the response of the employer. OHR shall use such means as it considers suitable to conduct an investigation, including, but not limited to, written or verbal inquiry, field visits, fact-finding conferences, or other methods or a combination of methods.

1622.6

OHR shall complete its investigation within ninety (90) days after it commences the investigation or as soon as practicable thereafter.

1622.7

OHR shall issue a written determination as to whether probable cause exists to believe that a violation of the DCFMLA occurred. All determinations shall be supported by substantial evidence.

1622.8

The complaint shall be considered dismissed if no probable cause is found. The complainant may seek whatever judicial review may be available pursuant to section 10(c) of the DCFMLA (D.C. Official Code § 32-509(c) ).

1622.9

If OHR determines that probable cause exists that a violation of the DCFMLA has occurred, it shall serve on the parties a notice indicating this determination, together with a Notice of Hearing setting a hearing date on the alleged violation.

1622.10

OHR shall schedule the hearing to be held within thirty (30) days after it serves the Notice of Hearing or as soon as practicable thereafter.

D.C. Mun. Regs. tit. 4, r. 4-1622

Notice of Final Rulemaking published at 57 DCR 10788, 10815 (November 19, 2010)
Authority: The Director of the Office of Human Rights, pursuant to section 301(c) of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1403.01(c)) , and Mayor's Order 2009-45, dated March 31, 2009.